Child custody is the most important thing to every parent. Disputes over custody, can be extremely burdensome for the parents and children.
Child custody refers to legal relationship that each parent has with their child. Custody establishes the availability, rights, and obligations each parent has in their child's upbringing after a divorce or separation. How the court determines child custody has evolved over the last decade. There is no longer a parental preference or presumption that one parent is a better caretaker simply because of their gender. Instead, North Carolina understands that custody schedules can have a lasting impact on a minor child. As a result, the court determines custody by evaluating “the best interest of the child.”
The physical and legal custody of a child must be determined. Physical custody refers to the amount of time each parent is permitted to physically spend with a child. Physical custody can be further classified as primary, secondary, or joint custody. Legal custody refers to a parent's decision-making authority regarding a child's health, education, and general welfare. A parent can have sole or joint legal custody.
Commonly, parents are able to agree on the child custody provisions, both legal and physical. With a custody agreement, Separation Agreement or Consent Order, parents dictate their own legal relationship with their children without help from court. This method is ideal. Parents are in the best position to generate an understanding that works best for their circumstances. If an agreement is appropriate for your situation, Jerkins Family Law with zealously negotiate and draft a thorough agreement that takes care of all details.
Sometimes parents, alone, are not able to decide the best interest of their children. If this is the case, a custody complaint will be filed and the court will step in to decide the best interest of the minor children involved. The bulk of our practice consist of representing parents in court to ensure the best interest of their child is being served. Jerkins Family Law will always be prepared, focused, and thorough in representing your interest to the court.
It is important to carefully consider the best interest for your child. Jerkins Family Law will work with you to resolve your custody dispute and make sure that the best interest of your child is being served. In cases where an agreement on custodial arrangements with the other parent can be reached, allow us to review and formalize the agreement to ensure that it is enforceable to prevent future disputes. In cases where a judge will help make the determination of custody arrangements, we can help with focused, prepared, representation to present to the court why your relationship with the child should be protected. Jerkins Family Law is focused on achieving your desired outcome through passionate representation.