Conflict is not always avoidable in a divorce, especially when it comes to your kids. Of course, you want to secure more time with your children, and protect them – but so does their other parent. These shared goals and desires can quickly lead to a conflict between parents seeking custody.
Facing a developing child custody dispute can add a whole new layer of worry. Will the dispute go to court? Will your child have to face the stress of appearing in court? Here is what parents dealing with conflict should know.
The short answer: It is highly unlikely
The good news for parents worrying over this question is that most often there is no need for children to appear in court for child custody proceedings. There are a few reasons for this:
- Mediation is mandated first: North Carolina will generally require parents facing a custody dispute to engage in mediation first, before ever setting foot in court. As the parents, you know your child best. The state recognizes that, and encourages parents to try and reach their own solution. By attending mediation first, of course there is no need for your child to appear in court.
- The child’s best interests take precedence: Even if your dispute goes to court, it is still not likely that your child will have to make an appearance. North Carolina family courts prioritize the best interests of the child, and putting them through the anxiety of a court appearance does not align with those interests. Essentially, the court – like the parents – will take measures to avoid having the child appear in court.
It is very rare that the court would require the attendance of a child. If there are no concerns of abuse, violence or risks to the child’s overall safety, it is often not necessary to put a child through the ordeal.
Child custody may directly impact your child, but that does not mean the child has to be involved in the resolution of any disputes regarding custody matters. There are many other avenues available to you to seek a solution, including calling professional witnesses, keeping your own records and working with a knowledgeable family law attorney. That way, you can achieve the goal every parent shares: protecting your child.