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Frequently asked questions about child custody in North Carolina

During divorce proceedings, child custody is often a volatile subject. Child custody is a complex topic; thus, questions are frequent and abundant. Below you’ll find answers to some of the more pressing questions regarding child custody.

1. Are there differences between legal and physical custody?

Yes. Legal custody grants you and the other parent the responsibility to make major decisions in the best interests of your child. Physical custody equates to where the child lives and during what time periods.

2. Do child custody laws differ from state to state?

Yes. Each state has specific laws pertaining to different areas of child custody. To discuss what’s the best route for your situation, a family law attorney can answer your questions.

3. Which factors determine who receives custody?

The answer is that there are many factors, which are part of the determination as to what custodial schedule would be in the best interest of your child or children. These factors include, but are not limited to, the following:

  • The kind of relationship the child has with each parent;
  • Current child custody arrangements;
  • Each parent’s willingness to let their child continue a relationship with the other;
  • The child’s age;
  • The residences and respective safety of each party's residence;
  • Special or medical needs of the child, and;
  • Other factors specific to each case.

4. Do I need to hire an attorney to get custody of my child?

While you aren’t required to do so, family law attorneys make it their business to fight for the rights of the parents who hire them. You may have a much better chance of getting the custodial schedule you believe to be in the best interest of your child or children if you consult with a lawyer even if you don’t hire one.

These are only some of the questions you may have regarding child custody. Don’t leave your future and the futures of your children to fate. Learn about all your options from an attorney before you go to court.

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