Need assistance with child custody issues? Contact Adkins Law to arrange a consultation with Huntersville family law attorney. One of our Huntersville divorce attorneys can arrange a meeting with you to discuss your options.
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Happy New Year 2016 from your friends at Adkins Law!
By Christopher Adkins In North Carolina, parents have the legal right to have custody of their children unless clear and cogent reasons exist for denying them this right. This right is not absolute but requires substantial and sufficient reasons for interference or denial. Who may bring an action for child custody? Any parent, relative, or other person, agency, organization, or institution may bring an action or proceeding for the custody of a minor child. Limitations exist on third parties that may bring a custody action as the parents have a constitutionally protected paramount right to the custody, care, and control of their children. What is the standard of proof when a third party challenges custody? When a third party challenges the natural parents for custody of a minor child, the standard of proof required to overcome the presumption of the parents to have custody of their children is "clear and convincing evidence." This means that a third party, whether this is a grandparent, aunt, uncle, or otherwise, must show by clear and convincing evidence that it is in the best interests of the child that the third party be awarded custody. How can a third party show that it is in the best interests of the child for the third party to have custody? A third party may show that the natural parents have been or are unfit to have custody. Unfitness, neglect, and abandonment constitute conduct inconsistent with the parents' protected status. Proof of this type of conduct may help prove custody with the natural parent(s) is not in the best interest of the child. How do I modify an order awarding custody to a third party? If a third party is awarded custody of a minor child, the natural parent(s) may seek a modification of the order if they are able to prove that a substantial change in circumstances has affected the welfare of the child. If the natural parent(s) can prove that there has been a substantial change of circumstances affecting the welfare of the child, and that a change in custody may be in the best interests of the child, they may be able to regain custody. If you need to speak with a family law attorney in regards to third party child custody, please contact Adkins Law. Adkins Law has locations in Huntersville and Ballantyne, and primarily serves Mecklenburg County, Charlotte, and the Lake Norman area. In North Carolina, to legally separate from your spouse, you must reside in different residences with the intent to live separate and apart from one another. The date of separation starts when one spouse moves out, and no paperwork is required to be filed to establish the legal separation. It is beneficial, if both spouses are willing, to enter into a separation agreement outlining the terms of the split. A separation agreement, also known as a separation agreement and property settlement, is a contract between spouses that determines how marital property and debt will be divided, spousal support, and also may address child custody and child support. If spouses are able to agree upon these issues amicably, this is the most cordial and cost-effective way to establish the terms of a divorce. Once you have been separated from your spouse for a year and a day, you may file for divorce, thus terminating the marital relationship. When you file for divorce, if you have executed a separation agreement, you may choose to incorporate the separation agreement into the divorce judgment, making the separation agreement a court order and enforceable by the power of contempt. You may, on the other hand, elect to not incorporate the separation agreement, keep it private, and have it remain enforceable by breach of contract. If you are considering separating from your spouse, it is important to understand your rights and the divorce process. Contact Adkins Law to arrange a consultation with a family law attorney. Adkins Law has locations in Huntersville and Ballantyne, and primarily serves Mecklenburg County, Charlotte, and the Lake Norman area. By Christopher Adkins
In North Carolina, child custody can be divided into two main elements: legal custody and physical custody. Legal and physical custody can be shared jointly, or can be granted solely to one parent. Having legal custody of your child means that you are able to make decisions for important things in their lives. Things like where your child will be going to school, what doctor your child will see, and what religious upbringing they will receive – these are examples of legal custody decisions. When you were married to your spouse, these were typically decisions that you made together. In most situations, the courts want to maintain this joint decision-making. Thus, often, co-parents share joint legal custody and have to mutually agree upon important decisions made involving the child’s upbringing. Joint legal custody is not, however, always granted. In some circumstances, especially when one parent has been the primary caregiver and is granted sole physical custody, that parent may also be granted legal custody. In other situations, co-parents may be granted joint legal custody, but one parent may have the final decision-making authority on certain issues such as medical decisions, while the other parent may be granted final decision-making authority on certain issues such as education decisions. If a judge feels like the parents are not going to be able to mutually reach decisions on matters in the future, and ongoing conflict may arise between the parents, sole legal custody may be granted to one parent. Physical custody, on the other hand, refers to where the child physically lives. Like legal custody, physical custody can be shared jointly, or one parent may be granted sole physical custody. Most commonly, when both parents are involved in the child’s life, they are awarded joint physical custody, which may not involve an exact 50/50 time split, but something very close. If one parent is awarded the child most of the time, that parent is said to have primary physical custody, and the other parent is usually granted visitation or parenting time. A common example of this type of physical custody arrangement would be when one parent has parenting time with the child every other weekend. It is common for a parent with visitation rights to be granted several weeks of parenting time with the child during summer break to make up for any time they are not able to spend with the child during the school year. If you have questions regarding child custody and need to speak to a family law attorney, please contact Adkins Law. Adkins Law has locations in Huntersville and Ballantyne, and primarily serves Mecklenburg County, south Charlotte, and the Lake Norman area. A common issue co-parents have in rearing their children involves modifying or changing their child custody arrangement once a permanent order has been entered. Just because an order is deemed permanent, does not necessarily mean that it cannot be changed. Specifically, permanent child custody orders may be modified in two situations:
When a parent violates a court order, they may be found in contempt. A finding of contempt alone may not justify the modification of a child custody order. If the violation, however, is deemed to be serious enough to warrant a changed circumstance as for the custody arrangement, the custody or visitation order may be modified. The intent is not to punish the parent who violates the order, but instead to modify the order in the best interests of the child. When one or both parents allege that there has been a change in circumstances that affects the child, a modification to the existing child custody order may be made. A substantial change of circumstances may involve something that changes the child’s wellbeing, relationship with their parents, the child’s personal wishes and desires, the conduct of the parents, and the child’s environment and living situation. The change must be substantial, and it must affect the child. This affect does not have to be adverse, but can be positive as well. If you need to speak to a child custody attorney in regards to modifying an existing child custody order, contact Adkins Law. Adkins Law focuses primarily on family law matters, and has locations in Huntersville and south Charlotte. Adkins Law focuses on family law issues such as child custody, child support, divorce, and the division of marital property. We have locations in Huntersville and Ballantyne, and primarily serve Mecklenburg County, south Charlotte, and the Lake Norman area. Contact Adkins Law to schedule a consultation.
Adkins Law has locations in Ballantyne and Huntersville, and primarily serves south Charlotte and the Lake Norman area.
Adkins Law provides representation for family law matters such as divorce, child custody, child support, spousal support, and equitable distribution. We have locations in Ballantyne and Huntersville, and primarily serve the greater Charlotte area.
Adkins Law PLLC provides representation for family law matters such as child custody, child support, and divorce. We have locations in Ballantyne and Huntersville, and primarily serve Mecklenburg County and the greater Charlotte area. Contact Adkins Law to arrange an appointment.
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