Giving You Options in Child Custody and Support
When children are involved in the process of divorce, the issues of child custody, child support and visitation can become difficult if there are disagreements. The law office of Mary V. Carrigan believes that the best interests of the children involved are a primary concern. At my practice, I recommend that parties settle their differences outside of a courtroom. Custody trials are expensive and divisive, and usually end up hurting the children, alienating the parents and making it difficult for parents to work together for the children after the custody case is over.
The Process of Custody in Mecklenburg Country
To begin the process of settlement, we will start with the needs of the children and the abilities and needs of the parents. Parents need to be open, honest and responsible during settlement negotiations to come to an effective agreement. If the child has special needs or activities or if one of the parents has a demanding work schedule, these types of factors need to be thought about in the settlement process.
If parents cannot agree to a settlement, private mediation can help lead to a parenting plan to which both parties agree. If there is still no agreement, a lawsuit may be filed in Mecklenburg County.
Once the suit is filed, the parties first have to go to court mediation. If the parties are still unable to develop a parenting plan, then the case goes to trial. Expert witnesses may be appointed to conduct a custody evaluation. In addition, Mecklenburg County has lawyers that may appointed represent the children in these cases. This may occur if there are allegations of drug issues, abuse issues or if the child voices that he or she does not want to be with one of the parents.
Types of Custody
There are different types of custody:
- Sole Custody: When sole physical custody is awarded or agreed upon, one parent has the right to have the child live primarily with him or her. That parent is then known as the custodial parent and the other parent becomes the noncustodial parent who has visitation rights. In extreme circumstances such as drug abuse or physical abuse the noncustodial parent may have restricted or supervised visitation..
- Joint Custody: In joint custody, parents share responsibility for major decision-making, and/or physical control and custody of the children. Parents with joint physical custody usually share legal custody, but joint legal custody does not necessarily imply joint physical custody. Parents need to be able to work together in the rearing of their children when they have joint legal custody.
- Split Custody: This is a less popular and fairly unusual option, in which each parent takes custody of a different child.
- Physical Custody: The actual living arrangements of the child and the rights and responsibilities associated with daily child care.
- Legal Custody: The right to make decisions about the child's upbringing concerning education, health care and religion.
In cases of child custody and visitation, child support is also an issue that may be raised. In North Carolina, court-ordered child support is based on the gross monthly income of each parent, work-related child care costs and the cost of health care. By agreement, parents can provide for items that the court might not provide, such as payment for private schools, money for college or payment for other activities such as sports, dance, piano, music, or after-school activities.
Contact my firm in Charlotte, North Carolina at 704-333-8855 to set up an initial consultation, where we can discuss your family law concerns.
The law office of Mary V. Carrigan, Attorney at Law, provides family law for clients in Charlotte, North Carolina, Mecklenburg County and the surrounding cities of Pineville, Matthews, Davidson, Cornelius, Huntersville and Lake Norman.
