Child Custody Issues During Divorce in North Carolina

If you have children with your spouse and are facing the prospect of divorce, you may have many fears and questions about how the child custody aspect of your divorce will proceed. Most states have specific laws regarding how these cases take place, how custody is determined and what types of issues might arise during the proceedings that would delay or complicate the child custody case. In North Carolina, issues that affect North Carolina child custody could include having your dating life or new romantic partner be seen as a cause for modifying custody, or issues with defining what constitutes joint custody. So, what are some of these issues, and how can you be prepared to face them when the time comes?

North Carolina Child Custody Issues

One issue in North Carolina child custody and divorce cases is that there are no specific definitions of joint custody. Each custody case is decided according to how the couple or the court works them out, and joint custody is whatever arrangement the courts or the individuals involved arise at. Sole custody is where one parent has full-time living rights with visitation allowed by the non-custodial parent, but joint custody could include a range of different issues. You will need to consult a lawyer to try to find the best joint custody arrangement you can before the court decides it for you.

Another issue in North Carolina child custody and divorce cases is that there are no specific rights laid out for grandparents and extended family visitations with the children. In a contentious divorce, this can become a problem for grandparents who want to see their grandchildren, but may not be able to do so regularly because the custodial parent is being spiteful to their former spouse. In these cases, trying to work things out with your ex-spouse using your lawyers and arriving at an agreement beforehand is the best way to avoid the issue of whether or not the grandparents will have specific time to see the children, as the court will most likely ignore this issue in their rulings.

A final issue that arises during many North Carolina child custody and divorce cases is the question of whether or not dating might have an impact on the custody or visitation rights of the parents. A lawyer or former spouse can bring a criminal complaint against you for having a romantic relationship at any point prior to the finalization of the divorce. These charges could work against you during a custody battle.

Getting Help

If you are involved in a custody battle in North Carolina, you should consult with an experienced divorce or family law attorney. Your attorney can explain the rules regarding custody to you and can help maximize your chances of being awarded custody of your children by the court.

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