For couples that have kids, working out a child custody arrangement is typically the most challenging part of a divorce or legal separation. It’s ideal when parents can come to an agreement on their own; if not, the family law courts decide how they’ll share custody and visitation. The attorneys at Fulcher Law Firm in Albemarle explain that similar to other states, North Carolina law requires these orders to be based on the best interests of the children. They discuss some of the criteria typically used to determine the outcome.

Key Considerations That Influence Custody

1. Primary Caregiver 

Courts prefer not to disrupt the children’s lives after such significant change. As such, a judge will carefully consider who has been the kids’ primary caregiver and if that arrangement has served their interests.

2. Ability to Provide a Stable Environment 

Stability and routine are crucial to kids feeling secure. The court looks at each parent’s financials, work schedule, and neighborhood to determine who will provide the ideal living environment. Judges prefer to choose someone who can support a normal routine while offering clean and safe accommodations and meeting all their kids’ basic needs.

3. Willingness to Be Cooperative 

After couples separate, it’s essential to the children’s well-being that they support one another as parents. The court checks how willing each party is to cooperate with custody orders and foster a continued connection between the kids and their other parent. Family law judges don’t look favorably upon individuals who hinder communication or in any way destroy their ex’s relationship with the children.

4. Mental & Physical Condition 

Before placing children in the care of either parent, the court will ensure the adult is mentally and physically capable of caring for them. A disability doesn’t necessarily mean a parent isn’t strong enough to tend to their kids’ needs, but the court will take any ailments into account, as well as significant limitations, before deciding. 

5. History of Domestic or Substance Abuse  

If one parent has a history of domestic or substance abuse, the court must be diligent in determining if there is a threat to the children’s safety. In these cases, custody and visitation orders may include specific provisions to protect the kids from harm.  

If you are facing a contentious battle, it’s important to work with a family law attorney who understands the criteria used to establish the best interests of a child. When sensitive domestic issues arise, the residents of Albemarle, NC, trust the Fulcher Law Firm to help them achieve a favorable outcome. The firm’s legal team has over 20 years of experience successfully fighting for parental rights. Contact them at (704) 984-6060 to discuss your case, or visit the website to learn more about their background in family law.