Family Law

Child Custody in North Carolina

When deciding on child custody matters, the courts prefer parents work out the details among themselves. However, should the court need to make that determination, they will take the best interests of the child into consideration. In most cases, the court prefers to award joint legal custody, meaning both parents have input into important decisions such as health care, education, and religious upbringing. If one parent has physical custody, in nearly all cases, the other parent should have visitation rights to ensure the child has a loving, caring relationship with both parents.

Child Support

The courts prefer both parents to contribute to the financial support of their minor children. The expectation is the child’s financial standing will be similar to what was enjoyed during the time the parents were married. The income, earning capacity, and assets of both parents will be taken into consideration when determining how much each should contribute to the child’s basic needs, schooling, and medical care. Whether the parents are divorcing or separating, a child support agreement is required.

Guardianships

A guardianship application may be approved by the courts to care for a child, or for an adult who is incapacitated. Guardians may be appointed to care for physical needs, care for finances, or for both. The guardian’s responsibility is to manage the person and their assets for their benefit, not that of the guardian.

North Carolina family law statutes can be confusing. Contact Chad C. Freeman, Attorney at Law if you are facing challenges with support, custody, or if you feel a guardianship application is necessary. Our offices are located in Lexington and Mocksville, North Carolina and we provide services throughout Davidson and Davie Counties.