Raleigh Sole Custody Lawyers
When a couple decides to divorce, custody decisions can become a tense issue. The Raleigh sole custody lawyers at Marshall & Taylor PLLC, know how challenging it can be for parents and children to be involved in custody battles. A parent often wants sole custody when he or she believes that a former spouse or the child’s other biological parent is unfit to have legal responsibility of the child. Those who wish to gain sole custody of their children will need to take legal action.
At Marshall & Taylor PLLC, our Raleigh sole custody lawyers are committed to helping those who want sole custody of their children through the legal process. We understand that nothing is more important than the safety and protection of your child, and we are dedicated to helping clients build a comprehensive case to gain sole custody of their children.
Do I Need an Attorney?
North Carolina rarely sees child custody cases in court, preferring for couples to create a parenting plan during outside mediation. Because of this, some couples wrongly believe that they will not need an attorney. But even during mediation, an attorney can be vital to your success. A lawyer understands family law in North Carolina, so they will know everything that needs to be settled during mediation. Their experience with similar situations will allow them to represent your interests and make the best case for you receiving or maintaining sole custody. In the event that your case does go to court, your lawyer will be instrumental in gathering all the necessary evidence to demonstrate to the judge that sole custody is in the best interest of your child.
Why Choose Marshall & Taylor PLLC?
At Marshall & Taylor PLLC, we understand how devastating divorce is and know that it is a financially and emotionally challenging time. We keep this in mind and do all that we can to offer competent and compassionate service to every client who walks through our doors. Our award-winning team of North Carolina family law attorneys has garnered a sterling reputation that has resulted in a large clientele from word-of-mouth referrals. To find out why we have so many satisfied clients, contact us today to schedule your confidential consultation where we can sit down with you and design a strategy that will best meet your needs. We are confident that our experience and resources will help us to achieve a successful outcome for you.
Legal Rights of Sole Custody
Sole custody gives a parent or guardian legal responsibility of a child. There are many decisions and responsibilities regarding the child that those who have sole custody will undertake. Some of these responsibilities include making vital life decisions that will affect a child’s future, such as:
- Medical care
- Religious upbringing
- Educational opportunities
- Other important life choices
Additionally, a parent with sole custody will house the child for the majority of the time. The other parent may be granted supervised or unsupervised visitation, but it will be for less than half the time.
If you are currently going through a divorce and have any children, custody issues will likely be part of the separation process. We understand the importance of your child or children’s future, and enlisting the assistance of an experienced child custody attorney could be the difference that grants you sole custody of your offspring.
Frequently Asked Questions
Custody disputes are complicated and highly emotional. Most people have never experienced one before, and so they don’t know what to expect or what certain terms mean. In order to clarify the process for our prospective clients, some of the answers to common questions we hear at our office are below.
What is the difference between legal and physical custody?
Custody is divided into two sections, legal and physical. Someone can have sole physical custody but joint legal custody or vice versa. Physical custody refers to where the children will physically reside. Legal custody refers to the right and responsibility to make important decisions for the child, including medical care, religion, and more.
What is the difference between joint and sole custody?
If a parent is awarded sole legal custody, they can make decisions for the child without agreement from or discussion with the other parent. If the parents share joint legal custody, they may have the right to make decisions independently of each other, or one parent may have the right to make decisions only after consulting with or getting permission from the other parent.
If a parent is awarded sole physical custody, the child will spend the majority of the time living with them. The other parent will be awarded visitation rights, which may be supervised or unsupervised, and may be as regular as once a week or as sporadic as just a few days a year. If parents are awarded joint physical custody, it is highly unlikely the custody spit will be a true 50-50 split. Instead, each parent will spend a substantial amount of time with the children.
What evidence does the court look at when deciding custody?
North Carolina prefers that parents come to an agreement about custody during mediation, and rarely sees custody cases in court. However, when custody battles do come to court, the judge will always make decisions based on the best interests of the child. The parent seeking sole custody will have to show that they can provide a safe, stable, supportive home for the child in a way the other parent cannot. This may involve demonstrating financial stability, submitting to mental evaluations and home visits, and, if old enough, talking to the child about their preferences. This parent may also have to demonstrate that the other parent is unfit for custody. This may involve showing their history of violence, abuse, substance abuse, financial instability, mental illness, or other factors.
Consult a Sole Custody Lawyer in Raleigh
Parents hoping to secure sole custody of their children may wish to seek legal guidance if they believe custody will be contested. The lawyers at Marshall & Taylor PLLC, understand how custody issues can cause conflict, and they are committed to protecting the legal rights and interests of those seeking sole custody. Call 919-833-1040 today to speak with a sole custody lawyer at Marshall & Taylor PLLC in Raleigh.