Who Can Assert Child Custody Rights?
Child custody is one of the most important aspects of a divorce but it is not limited to persons who are going through a divorce. Many relationships do not involve marriage but do result in the birth of a child. Mothers and fathers have rights that need to be asserted in order to be protected. Grandparents have also begun to have the ability to involve themselves in litigation regarding children.
This area of law is surrounded by misconceptions. Some of these are founded in trends from the past but, in our day and age, the deciding factor behind custody is the best interests of the child. The judge’s job is to determine what is best for the child’s upbringing.
Misconceptions About Child Custody
In most cases, it is considered beneficial for a child to have a relationship with both parents. Although sole custody is sometimes awarded, the other parent often has visitation rights to see the children. In situations where substance abuse and domestic violence have taken place, it is essential to have experienced counsel to guide you through the process.
The idea of bias toward mothers is also false. Judges have to make a determination as to what is in the best interests of the child. A father can certainly be given custody depending on the circumstances.
Keep in mind that every child custody case is unique and it is a very fact-intensive analysis. While there are misconceptions, that doesn’t mean sole custody or primary custody with a father never happens. You will need to speak to an attorney about what to expect from your case.
Helping Families With Custody Rights And Modification
Our lawyers at Lanier, Fountain, Ceruzzi & Sabbah have helped many North Carolina parents with their custody situations, whether they are part of a divorce or as a result of the breakdown of a relationship. We realize how stressful and concerning this issue is. Our goal is to set realistic expectations based on your situation, discuss your options and then create a plan to negotiate the best terms for you and your child.
We assist with custody modifications as well. If there has been a significant change in your life, we can explore the possibility of modifying your custody agreement.