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Raleigh, North Carolina Family Law Attorneys - Wake
County Child Custody Lawyers - Client Profile
 Charles R. Ullman
& Associates understands that few issues in divorce create such a
painful and confusing time among parents and children as when child custody
arrangements are being negotiated.
Child custody refers to the collection of responsibilities and rights parents
have regarding their children’s general welfare, authority, religion, education
and health care. Spouses may settle custody and
visitation issues out of court
through a private agreement, which is the most often used and preferred method.
Custody may also be settled out of court by a parenting agreement or consent
order that is later approved by a judge.
The challenge in negotiating private custody agreements is developing a mutually
agreed-upon, practical
arrangement that allows each parent to maintain a consistent relationship while raising their child.
Until the court rules on such an agreement, each parent has equal rights to
physical custody of the child.
In cases where custody is contested, the court must make a determination to
“promote the best interests and welfare of the child”. The best interest of the
child is the "polar star" by which courts should guide decisions about custody.
In making a determination, the judge will consider a parent's past and present conduct, and whether evidence
supports his or her custody claim. It must be demonstrated that a parent's behavior and
abilities will enhance the child’s overall welfare better than the other spouse’s.
Other factors taken into consideration include:
Physical, mental, emotional, moral and religious factors
The child’s preference
Each parent’s caretaking ability
Each parent’s home environment
Each parent’s availability to the child
Each parent’s economic situation and potential
The child’s bonding with other siblings
Other factors that illustrate what is best for the child
North Carolina statutes show no preference to either a mother or father in
custody matters. The court may award equal custody (joint custody) to both
parties, or give primary custody to one parent (sole custody) and
visitation
privileges to the other. Joint
physical custody can be an equal sharing of
time between parents and requires the greatest amount of cooperation. There is
also joint legal custody, which deals with how decisions are made for the child.
Charles R. Ullman
& Associates provides specialized legal
experience in the following areas:
For further information, please contact
Charles R. Ullman
& Associates or
Consultwebs.com, Inc.
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