Charlotte Child Custody: Frequently Asked Questions

Charlotte child custody laws follow the State of North Carolina’s rules and regulations. Child custody laws change in a state-by-state basis and it can be difficult for a resident to know exactly what to expect when trying to reach a child custody agreement.

“For most parents going through a divorce, coming to the right agreement for their child’s supervision is the number one priority,” said Thomas D. Bumgardner, Ballantyne family lawyer. “In order to make the right decision for their children, it is important to know how the process works in the state of North Carolina.”

NC Child Custody FAQ

Do we have to go to court to establish custody rules?

No. You don’t have to go to court if you and your partner are able to reach an agreement through mediation. A lawyer can write a contract that outlines the rules of custody that both parents agree to. Once it is signed, it is legally binding.

Do the courts have a preference for one parent over another?

No. North Carolina courts sole focus is determining which agreement would be in the best interests of the child.

Can Grandparents be a part of the custody ruling?

Yes. Grandparents can be included in the custody order as long as the judge deems it to be in the best interests of the child.

What information and evidence will be presented to the judge?

Parents must present evidence that supports their preferred custody arrangement. Most times this includes testimony from relatives and authority figures that are close to the child. This includes teachers, counselors, coaches, etc.

Can a child choose whom they live with?

If a judge deems the child to be mature enough to make this decision, they will take the child’s preference into account. The judge does not have to honor the child’s wishes, but it may help sway their decision.

What is the difference between joint custody and sole custody?

In basic terms, joint custody means that the child splits time with both parents. It also means that both parents will work together in order to make decisions for the child. This includes decisions regarding medical care, education, etc. This is typically awarded when a judge determines that both parents offer a similar level of benefit to the child.

Sole custody means that the child will live with one parent for the majority of the time. It also means that only one parent can make decisions that affect the child’s health, education, etc.

Can a child custody order be modified?

Yes. A child custody order can be modified, but it is fairly uncommon. The parent requesting the modification must show that circumstances have greatly changed since the first agreement was made.

If I have more questions, who can I contact?

If you have any questions regarding your divorce, asset division and child custody issues, it is important to contact an experienced lawyer. Thomas D. Bumgardner has years of experience serving families in the Charlotte and Ballantyne area. To ask a question or to schedule your free consultation, please call (704) 870-4779.

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