Child custody is one of the most contentious issues in divorce proceedings. The court’s primary objective is to ensure the child’s best interests are met. In North Carolina, the outcome is determined based on several factors. If you are a parent going through a legal dispute, here is essential information you need to know.
5 Factors Considered in a Child Custody Arrangement
1. Current Arrangement
When determining custody, the court will consider the current arrangement. If the child has been living with one parent for an extended period, the court may prefer to maintain the status quo. However, if the current arrangement is not in the child’s best interest, the court may order a modification. The court will consider the stability of the child's current living situation and the ability of each parent to provide adequate care.
2. Child’s Preference
The court may also consider the child’s preference if they are old enough to express themselves. In North Carolina, the court may consider the child’s first choice if they are “of sufficient age to exercise discretion.” However, the court will not base its decision solely on the child’s preference. For instance, a judge may consider a teenager’s request but disregard an 8-year-old’s request. In most cases, children don’t want to take sides and don’t express a specific preference.
3. Parents’ Preferences
The court will also consider the parents’ preferences. The court will consider the parents’ willingness to cooperate and work together to raise the child. If both parents are willing to work together, the court may award joint custody. The court will also consider each parent's ability to provide for the child financially and emotionally.
4. Domestic Violence
If there is a history of domestic violence, the court may not award custody to the violent parent. The court will consider the safety and well-being of the child when making its decision. If the court determines that the child is at risk, it may award sole custody to the non-violent parent.
5. Overall Environment
The court will consider the overall environment when determining arrangements. The court will consider factors such as the child’s living conditions, the parents’ ability to provide for the child, and the child’s relationship with each parent. The court may also consider the child’s school and community involvement.
It is essential to have an experienced and knowledgeable attorney on your side if you are going through a child custody legal dispute. The Fulcher Law Firm is here to help clients throughout Stanly County, NC. Their attorney has extensive experience in family law and will work tirelessly to protect your rights and your child’s best interests. They understand that this is a challenging time for you and will do everything in their power to make the process as smooth as possible. Contact them today at (704) 984-6060 to schedule a consultation or visit their website to find out more.