Why You Need A Durham NC Custody Attorney To Help Negotiate Child Guardianship

Publié par Unknown on samedi 12 mai 2018

By Gary Hall


Divorces are difficult no matter how much you both agree it's time to go separate ways. It gets a lot more complicated when children are involved. Hopefully you can put aside your differences long enough to decide on the best course of action when it comes to the kids. If not, you may be considering whether or not sole guardianship is a better option than joint guardianship. Retaining the services of a Durham NC custody attorney may be necessary to help you make an informed decision.

If you are divorcing while you still have some mutual respect for each other, and both of you want what is best for your children, a joint custody arrangement may be possible. With this plan parents share the responsibility of raising their kids. When the two parties can't come to an agreement about visitation or financial support, the court may step in.

Most of the time kids end up living with one parent during the week and spending weekends, or alternate weekends, and holidays with the other parent. This arrangement can have advantages for the adults. When one, or both, are involved with new partners or have moved away, this is a convenient arrangement. Alternating visitation on holidays is common and a good way for extended family to get to see the kids.

Bird nesting is becoming more common. This plan involves the parents moving in and out of the primary residence instead of the children. Most couples keep separate homes they use when it's not their turn to have the kids. A lot of parents decide to do this because it creates a more stable situation for the children, especially the youngest ones.

In the case of abuse or instability, one parent may have no option but to sue for sole custodial rights. A decision like this has to be approved by the court. To get approval, the partner suing has to prove to a judge that the spouse is physically abusive, abuses drugs or alcohol, or is financially, mentally or emotionally unstable. The accused has a chance to defend against the charges.

There are advantages to sole custodial care. The children stay in one home with the parent who is able and willing to be responsible for them. They are not directly subjected to the other parent's issues. Not having to interact with the other party, when the divorce was unpleasant, gives everyone time to gain some perspective. The custodial parent may have physical or legal custody, or both.

When parents are disagreeing about almost everything concerning the welfare of the children, the court has the option of appointing a guardian ad litem. This person is charged with assessing the family situation to determine what is in the best interests of the children. They report their findings to the court for considerations.

Divorce is hard. It is especially devastating when children are involved. Working together, for the sake of the kids, to come to a mutually agreeable arrangement is the best outcome in a bad situation.




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