One parent can be awarded more physical time with their child or children than the other parent. This is called primary custody. In this event, the parent with less time is awarded visitation. If there is a history of domestic violence or drug abuse, the abusing parent may be limited to supervised visitation or even no visitation. Visitation is a way to maintain a healthy relationship between...
There are several custody designations – physical custody and legal custody, sole custody and joint custody, and emergency custody. The custody arrangement should be practical for both parents. Both parents should be able to have a steady, relevant presence in the life or lives of their child or children. Physical custody indicates with whom a child or the children will physically live. Legal...
Usually, child custody arrangements are made voluntarily by the parents. The agreed-upon terms can be made part of their separation agreement or they can draft a separate parenting agreement. In either case, it is a good idea to obtain a consent order from the court to formalize the terms of the custody agreement. This can help to minimize future disagreements and makes enforcement of the...
Child custody arrangements determine how separated or divorced parents will share the rights and responsibilities of their children’s lives and welfare. The focus of a custody arrangement is always the best interests of the child. In North Carolina, there is no presumption that the mother is a better parent than the father, children are not allowed to determine with whom they will live –...
You are not required to retain a lawyer, but once the separation agreement is notarized and signed, it becomes a binding contract under North Carolina law and is difficult to modify. Taking that into consideration, it is advisable to consult with an experienced family law attorney to help you draft a separation agreement that protects your rights as set forth in North Carolina’s frequently...
If one spouse violates the separation agreement, the other spouse can seek to have it enforced. How the enforcement is done depends upon whether the agreement is simply a private contract between the couple or whether it became part of a court order. If the agreement is a private contract, the spouse who violated the contract can be sued for breach of contract in civil court. The harmed spouse...
While separation agreements are not required for a divorce in North Carolina, they are immensely helpful in defining what is expected of each spouse, and what their rights and responsibilities are. They are beneficial in a number of other ways as well. Cost savings is a big factor in having a separation agreement. It is faster and less expensive to work out the issues of separation privately...
When a couple – or one of the spouses – decides the marriage is over, it is smart to work out a separation agreement if the parties can agree on the terms. It can include issues such as child custody and support, division of property and spousal support. The contract can include anything so long as it is not illegal. It can facilitate the eventual divorce proceedings and limit the need for...
A judgment of absolute divorce can have costly consequences – both materially and emotionally – if not handled properly. Whether your case is simple or complex, you want to make sure you do not waive any of your rights. An experienced, caring family law and divorce attorney can help you navigate the numerous legal requirements, manage any unexpected crisis that may arise and give you peace...
If the couple cannot reach agreement on the issues, mediation is good way to resolve the problem. The two parties and their lawyers meet with a neutral third party, a trained mediator, to work through the contested issues in an effort to settle the matters amicably and avoid a costly trial. It should be kept in mind that mediation requires concessions on the part of both parties. If the parties...
