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Child Custody Information

When a couple makes the decision to terminate a marriage and get a divorce, there is often a disagreement regarding who should have custody of the children. Divorce may terminate the marriage the couple must still maintain a relationship as parents to their children. In the State of North Carolina, a married couple are joint guardians of their children and have equal rights to custody. In accordance to law, North Carolina courts cannot favor one parent of the other in custody related matters.  Custody can be awarded jointly between parents, (joint custody), or in some cases, primary custody may be awarded to one of the parents, (sole custody), while the other parent may be given scheduled visitation privileges. Having joint custody permits both parents to make decisions for their child.  The child also shares times with both parents according to the court’s decision.

When there is a dispute over which parent should receive sole custody, the court will make the determination as to who will have the best interest and welfare of the child. Both parents are subject to have their present, as well as past conduct presented as evidence to support why one parent’s abilities will better serve the child’s overall welfare.

Some of the factors the court may consider are:

 

  • The child’s personal preference 
  • Both parents’ caretaking abilities
  •  Availability to the child
  • Both parents’ economic situation 
  • Home environment of each parent

 

The King Law Firm understands how difficult child custody can be and our experienced staff of family law attorneys are here to assure you that the welfare of your child and your legal rights are our primary concern. If you are currently involved in a child custody dispute, or perhaps having issues with your current court ordered custody arrangements, call the King Law Firm today for a free consultation.

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