Gastonia Child Custody Lawyer

Gastonia Child Custody Attorney

Parents who are separating or divorcing have a lot on their minds. Not only are they trying to figure out the details of the divorce, but they are also probably stressed and emotionally worn out, as well as trying to prioritize their children during the whole divorce process. A large part of the divorce involves determining where the children will live and how they will be cared for. For legal assistance, it is advisable to speak with a skilled Gastonia child custody lawyer at The Jonas Law Firm, P.L.L.C. We offer a free consultation to help you navigate this challenging time. Contact us today!

Child custody can be a source of contention between the parents, as both want to have as much time with their children as possible. The court, however, will not be basing their decision off of the parents’ wants, but rather on the needs of the children.

Many factors will be considered, such as which parent has served as the main caretaker of the kids, how much income each parent earns, how much available time they have to spend with their kids and the parents’ emotional health. Additional things that the court will consider before determining child custody include:

• The children’s preferences
• Each parent’s capability for caring for the children
• The home environment provided by the parents
• Each parent’s free time to spend with the children
• Any signs of domestic abuse happening within the family
• Any signs of using illegal drugs or alcoholism
• If one parent is in the military and may be deployed

These things must be taken into account in the event that a parent is unable to care for their children due to taking part in illegal activities or committing heinous acts such as molestation, abuse, or neglect. If you are concerned for the safety of your children and need to prove that your spouse is not fit to have custody, obtaining evidence will be needed to prove your case to the court. A divorce lawyer can assist you in gathering evidence.

A Gastonia child custody lawyer is a great source for legal advice. The court typically gives a disclaimer stating that they cannot give legal advice to the general public.

Child Custody and Visitation

You may have heard the terms child custody and visitation and assumed that they can be used interchangeably. These two terms do not have the same definition. Child custody refers to a parent having the legal right to make decisions for the child as well as serving as their caretaker. Visitation, on the other hand, is a form of custody that refers to a parent’s right to visit with their child at certain times under certain specifications. Sometimes visitation is the term used when talking about parenting time, which is often only a limited time.

Legal and Physical Custody

Legal custody involves the parent having the legal right to make decisions for the child while physical custody involves having the child physically present with them. Either kind of custody can be granted to both parents to share part time custody, or one parent may be awarded full time custody.

Sole and Joint Custody

In Gastonia both mothers and fathers have equal parental rights. The court will not show favoritism towards one parent or another based on gender. You may be awarded joint legal custody or sole custody. If given sole custody, then you have the freedom to make decisions for the child without checking in with the other parent first. Sole physical custody involves the child living with one parent only, while the other parent may have a visitation schedule.

In the case that joint legal custody is awarded, both parents must speak with each other first before making major decisions for their child. This will help joint custody work effectively. If the parents cannot agree to a decision, then it may fall to the court to make the choice for them. When one parent has primary physical custody, then they have the child most of the time, while the other parent has physical custody at specific times of the week, weekends, holidays, or other special events.

FAQs

Are Parents Required to Get a Custody Order in North Carolina?

No, parents are not required to get a custody order in North Carolina. It is a wise choice to pursue a custody order, however, if the parents cannot agree on the decisions necessary for caring for the child. Those who are serving as temporary caretakers for a child also do not need a custody order as long as the parents of that child agree to the child living with that caretaker.

Who Pays Attorney Fees in Child Custody Cases in North Carolina?

In most child custody cases in North Carolina, both individuals must share the legal fees. This may not be the case if one person has a lower income or one spouse makes significantly more than the other. When this happens, the court may determine that the spouse who is more financially stable should pay a part or the total sum of attorney fees.

How Do You Win Primary Sole Custody in North Carolina?

If you wish to win primary sole custody in North Carolina, having a lawyer can be a great option for winning your case. They can recommend wise legal choices to take as well as answering any questions you have. They can help you gather evidence in order to prove why you need sole custody and how the other parent is unfit to have custody.

At What Age Can a Child Refuse Visitation in North Carolina?

A child can refuse visitation in North Carolina at the age of 18. Once the child turns 18, they are considered an adult, and are therefore able to make their own choices. Additionally, because they are legally an adult, the court is legally not allowed to make custody orders or visitation orders.

Consult with a North Carolina Child Custody Lawyer

As divorcing parents are preoccupied with the details of the divorce, determining child custody can be overwhelming and a source of contention between the parents. A child custody lawyer can be with you every step of the way. Contact The Jonas Law Firm, P.L.L.C. This experienced team of lawyers can guide you through your child custody case.