Statistics show that about half of American kids watch their parents get divorced. In most cases, the parents go through negotiations for child custody. One parent maintains primary custody, while the other gets visitation rights.
This arrangement is very common. It does leave the door open for so many questions about child custody, though. For instance, who gets the kids on holidays? What happens if things need to change in the future?
Child custody laws can get confusing fast, so it’s good to consult with a lawyer. To ensure you get the answers you deserve, we’ve compiled a few questions to make sure you ask during your visit. Read on to get informed.
1. Can I File For Child Custody?
The number one question you likely have is — can I file for custody of my child? Most people would give you a resounding ‘yes’ as an answer, but they might not always be right.
You can only file for custody in certain situations. Per North Carolina law, the birth mother has post-natal custodial rights. They can even deny visitation to the biological father!
You’ll need to establish paternity before seeking custody in some cases. Discuss this private situation with a family lawyer to get an accurate answer in your case.
2. Who Will Get Primary Custody?
Every child custody case is different. No one can say for sure who will get primary custody until a court reviews your situation.
In general, courts want to do what’s best for the child. They will award primary custody to the parent who will provide this to the youngster(s).
3. How Do I Ensure My Rights Get Upheld?
Courtrooms should uphold justice, but they aren’t infallible. Sometimes, one parent’s rights get sidetracked due to a bulldozing other parent. You might need a lawyer’s help to ensure your rights get upheld.
4. Do I Really Need a Family Lawyer?
The answer to this is almost always yes.
There are cases when you don’t need a family lawyer, though. For instance, if you and the other parent get along well, then you may not need a lawyer.
5. How Will My Child Custody Case Impact My Family?
There are different types of child custody arrangements. Courts will try to decide on one that will benefit your children. Despite that, it will all still take work to adjust to the changes.
Talk to your lawyer if you’re worried about the impact a court’s decision will have on your family.
Questions About Child Custody to Discuss With an Attorney
Some questions about child custody are straightforward. They can get answered with a Google search. Others, though, should only get answered by a child custody attorney.
After all, you don’t want to act based on ill-advised recommendations you read online.
That’s why we recommend asking your lawyer the questions above in-person. You’ll get the answers you deserve and be able to empower yourself to make good choices.
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