Legal and physical custody can be complicated issues that may require some give-and-take between parents. It is important to make sure that there is clarity around how important decisions about children’s lives are made, such as their schooling, their religion, their health and their overall upbringing.

The primary concern for the courts in child custody disputes is the best interests of the children. Of course, disagreements can occur between reasonable people about these issues.  Having an attorney who has years of experience in family law can help a parent negotiate through the process so that the best interest of the children and family are served.  We will ensure that the family have adequate parenting time with the children without major conflict in the future.  At the law firm of Richardson Tucker, we are committed to making sure our clients’ voices are heard throughout this process. 

In North Carolina, there are two components of custody, “legal custody” concerns the right to make and be involved in major decisions related to a child’s education, religion, and health care, while “physical custody” refers to the routine daily care and residence of a child.  In evaluating and decided custody, a court’s primary consideration, is the “best interest of the child,” which is determined by the following factors: 

  • The relationship and interrelationship of the child with his her parent (s) siblings and any other person who may significantly affects the child’s best interest. 
  • The child’s adjustment to his her home, school and community 
  • The mental and physical health of everyone involved 
  • Physical violence or threat by the child’s potential custodian, whether directed against the child or someone else 
  • The occurrence of ongoing abuse whether directed against the child or someone else. 
  • The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child 
  • The sufficiency and stability of the parties’ homes and surroundings

 

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