Wilmington Child Custody Lawyer

Divorce is an emotional time for families, and the impact is arguably greatest on the children. As a parent, you want to do what’s best for your family – even during challenging and emotionally trying times. That means consulting with an experienced family law attorney early in the divorce process so you can protect your and your child’s rights.

At The Law Offices of John Drew Warlick, P.A., we want to help you through the legal process and make a challenging situation go as smoothly as possible for you and your family. Discuss your situation with a Wilmington child custody attorney when divorce is an option. Our compassionate legal team can provide the support and advice you need to deal with potential family law issues.

Protect your child and your future. Contact our legal team today and arrange for a free case evaluation.

How Does the Court Decide Who Gets Custody?

When parents cannot agree on the terms of a child custody arrangement, a judge must help decide what’s best for the child. North Carolina determines the outcome of child custody agreements by examining what conditions best “promote the interest and welfare of the child.” A judge evaluates certain conditions and decides what custody arrangement best meets the child’s emotional and physical needs.

Circumstances that may help determine who gets custody of a child can include:

• Each parent’s ability to provide for the child’s physical, emotional, and financial needs
• Each parent’s relationship with the child
• The physical and emotional health of each parent
• Each parent’s willingness to foster a positive relationship with the other parent
• Each parent’s living arrangements
• Each parent’s proximity and ties to home, school, and community
• The child’s unique needs
• History of domestic violence, abuse, or neglect
• Other factors a judge may find relevant to the situation

What Is the Difference Between Sole Custody and Joint Custody?

Child custody cases are multi-dimensional. There are two separate tiers of child custody:

• Sole custody – In a sole custody arrangement, one parent has primary responsibility for a child. The parent could have sole legal custody or sole physical custody.
• Joint custody – Joint custody occurs when the parents share responsibility for the child. They could share legal custody or physical custody.

What Is the Difference Between Physical Custody and Legal Custody in North Carolina?

There is also a distinct difference between physical and legal custody in North Carolina:

• Physical custody – Physical custody refers to where a child primarily lives. The child lives with one custodial parent in a sole physical custody arrangement. In a joint physical custody arrangement, the child may divide their time between both parents’ homes.
• Legal custody – Legal custody gives a parent the right to make decisions for the child, including medical, educational, and religious decisions. Sole legal custody only gives one parent the right to make these monumental decisions. Joint legal custody allows both parents to contribute to the decision-making process.

What Are Some Situations Where a Parent May Be Considered Unfit?

Unfortunately, not all parents can offer their children proper care, support, or guidance. In these cases, the court may consider a parent to be unfit. An unfit parent is someone the court has determined cannot adequately provide for their child and is potentially dangerous to the child’s best interest.

A parent with a history of domestic violence, child abuse, or child neglect can be deemed unfit by a North Carolina judge. This judgment could prevent that parent from interacting with the child or retaining custody rights.

A judge may also use other criteria to determine the fitness of a parent to provide for their child, including:

• Does the parent respond to the child’s needs?
• How does the parent resolve conflict?
• Has the parent been diagnosed with a psychiatric illness?
• How involved is the parent in the child’s life?
• Is the child’s health or safety at risk?

Determining parental fitness can be lengthy, requiring extensive medical documentation, witness interviews, and observational interactions between the parent and child.

What Happens If the Parents Cannot Agree on Custody Arrangements?

Every parent wants what’s best for their child. Unfortunately, parents may disagree on specific aspects of what is best for a child during a divorce. When parents cannot agree on the basics of child custody and visitation, it might be necessary to take additional steps to create an arrangement that meets everyone’s needs.

Mediation is one option parents may consider if they cannot reach an agreement on their own. This process helps parents focus on their child’s best interests by fostering better communication to resolve conflict.

During mediation, a neutral third party – the mediator – helps couples resolve conflict by discussing their concerns productively. By opening the channels of communication in mediation, both parents can outline their goals and attempt to reach a mutual agreement that satisfies the needs of everyone involved. After reaching an agreement, your attorney can draft a custody arrangement and present it to a judge. If the judge agrees to the outlined terms and signs the arrangement, it becomes a binding custody order.

If parents cannot agree on custody issues, a North Carolina court can step in to resolve the conflict. Again, a judge reviews certain conditions and forms a custody agreement based on what they consider to be in the child’s best interest.

Can Child Custody Agreements Be Modified?

Under certain conditions, the court can modify child custody agreements. A parent can request a custody modification at any time if they can demonstrate a substantial change in their or their child’s circumstances. Significant changes to a person’s health, financial stability, or mental well-being may be grounds for a child custody agreement modification in North Carolina.

Contact a Wilmington Child Custody Lawyer

Divorce is difficult. At The Law Offices of John Drew Warlick, P.A., we want to help make the process as stress-free as possible. Discuss your case with an experienced Wilmington child custody lawyer today to learn more about your legal options and how you can protect the well-being of your family.

Contact our office today for a free case evaluation.