What To Do In A Child Custody Hearing

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Parents in North Carolina who are going through a divorce might want to consider whether they can compromise on joint custody instead of each of them fighting for full custody. However, if they cannot agree, then the decision might be made by a judge following a custody hearing. If this happens, the parent should prepare for the hearing by researching custody law.

The judge will make a child custody ruling after determining what is in the child’s best interests. A number of elements might influence this, and a parent should be willing to compromise with the other parent. They should also dress neatly and behave appropriately during the custody hearing. A parent can bring documentation that helps their case.

Once the court has made a decision, the other parent should make an effort to remain in their child’s life. It is believed that children benefit from time with both parents, and the parent may be granted a good amount of visitation time. Parents might also want to create a parenting agreement.

The parent who does not get custody may be required to pay child support to the custodial parent as well. This is usually determined based on income along with other factors, such as how much the parent pays for the child’s healthcare. Parents might want to talk about other expenses as well in order to include an agreement in the parenting plan about which parent will pay for tutoring or extracurricular activities. If a parent needs a modification in custody or support, they may wish to seek the assistance of an attorney as a judge will generally expect a good reason for making changes to either of these. For example, there might be a change in custody if one parent has a significant change in lifestyle that means they can no longer care for the child.

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plumides, romano & Johnson, pc

PHONE: 704-333-9900

FAX:   704-358-0536

Shared Parenting Means Shared Photos

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Family law

Shared parenting means shared photographs for these parents

A child of divorce herself, Victoria B. had very few photographs of her childhood at all, let alone pictures that included both of her parents. After her own divorce, she was determined not to let that happen to her son Bruce.

So, when she was scheduling a family photography session a couple of years ago, she decided to give her ex-husband a call. He agreed to participate, and he came along again last year. They believe it sends the message that, while they may not be together anymore, they are still “loving their son together.”

“We go above and beyond to include one another because we are not simply ex-husband and ex-wife ― we are parents to Bruce, first, foremost, and most importantly,” Victoria told The Huffington Post. “We hope that Bruce learns that you can still have someone in your life, even if they aren’t romantic any more, and especially if they are the parent of your child.”

It hasn’t been easy. Both Victoria and her ex-husband Adam have entered new relationships since the divorce — and they no longer live in the same state. Bruce is spending long periods with each parent — with the corresponding long periods alone for the other parent. However, the pair took time during their divorce to think about how best to co-parent their child.

Furthermore, they made extra effort even when times were at their most stressful — just before the divorce was finalized. They agreed on the importance of spending holidays and birthdays together, at least for a few hours. Living so far apart now, that isn’t possible anymore, which makes the shared family photograph even more important.

“Adam and I are not perfect co-parents, but we made a deal when we got divorced, to put our son first and to value the richness that we each bring to his life, for different reasons,” says Victoria. “So yes, we still have a family portrait taken, and I still pay good money to have the images printed, framed, and placed in our son’s bedroom; he may not grow up with parents who live in the same house… but he will grow up to see respect, kindness, empathy, compassion, perseverance, flexibility, and even sacrifice being modeled by both of his parents and he will know it is possible to fall out of love but never fall apart.”

One thing that helps them keep on track is to put their relationships with Bruce first, instead of focusing on the hurt feelings or misunderstandings that crop up in any co-parenting relationship. It’s just as important to teach Bruce how to move on with grace as it is to see the parental relationship valued.

An annual, joint family photo may be something you and your ex could do to support your children. Do you have it in you to spend at least some time together on important holidays and birthdays? For example, could you continue with the tradition of spending the night in one house on Christmas Eve and waking up together in the morning to see what Santa has brought?

That kind of cooperation may be challenging, especially once you and your ex are in new relationships. However, sitting down with your ex — as partners — on a regular basis promote communication and help you remember to honor your parental role.

Also, remember that Victoria and Adam kept their intentions clear from the time of the divorce process. The right attorney can help you clarify your own goals and intentions so that your divorce doesn’t become a battleground.

Life is short. Do you really want to be in permanent conflict with your ex? Consider Victoria and Adam’s idea and see if there’s a tradition you could both support. What ideas can you think of?

contact information

plumides, romano & Johnson, pc

PHONE: 704-333-9900

FAX:   704-358-0536

Definitions Of Child Custody & Visitation

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A divorced Charlotte parent might have visitation or custody rights. If the parent has visitation rights, this means the parent has the right to spend time with the child, but the child does not live with the parent. The child lives with the parent who has physical custody rights.

Physical custody, dealing with the child’s primary residence, is only one type of custody. Legal custody is the type. A parent who does not have physical custody might still share legal custody with the other parent. Parents with legal custody have the right to make decisions about important elements of a child’s life including religion, education and health care.

If physical custody is shared, then both parents have a significant amount of time with the child. However, this could also be the case in some situations where a parent has visitation and the other has physical custody rights. There are many different types of arrangements that might suit parents and their children.

The most important thing parents should keep in mind is that they should make decisions that are in the best interests of the child. Parents can negotiate an agreement for a child custody and visitation schedule. This may be a difficult process, but their attorneys can assist them in these negotiations. Parents can also create a parenting agreement that addresses such issues as bed times and who is responsible for which extracurricular activities. In a high-conflict situation, parents might agree to communicate only by email or text and only on the subject of the child or even through their attorneys. If they are unable to reach an agreement, they can turn to mediation or go to court and have a judge make a decision.

contact information

plumides, romano & Johnson, pc

PHONE: 704-333-9900

FAX:   704-358-0536