Protecting Your Right To Child Custody

Our attorneys at Bachara & Essey understand the importance of protecting your strong parent-child relationship during divorce. You may be concerned that divorce will significantly diminish time with your children or weaken your familial bond. Our compassionate lawyers diligently work to secure child custody rights and maximize visitation time.

If you are concerned about gaining child custody rights, contact our assertive lawyers. We will do everything in our power to protect your right to child custody. Call 910-363-0086 to schedule an appointment at our Oak Island office.

"We are passionate about our clients' rights, when it comes to children we will fight to protect your parental rights."

Understanding Child Custody In North Carolina

Child custody decisions involve several key pieces. The court must decide which parent(s) will receive legal custody and which parent(s) will receive physical custody of the child. They also decide whether to grant sole or joint custody rights. Each of these terms is explained below:

  • Legal custody allows a parent to make crucial decisions that affect their child's future, including education, health and religion.
  • Physical custody is allotted to the parent(s) who provides a home for the child.
  • Joint custody indicates that parents share the responsibilities of either legal or physical custody.
  • Sole custody indicates that one parent shoulders the responsibility of either full legal or full physical custody.

Legal and physical custody rights are not intertwined. It is possible for divorced parents to share legal custody, but for one parent to receive sole physical custody of the child. In this case, the other parent may receive visitation rights.

Traditionally, mothers were given custody of their children after divorce. Now courts recognize that it is in the child's best interest to develop relationships with both parents. In every case, judges are required to take joint custody into consideration.

How Is Child Custody Decided?

Child custody is determined by what is in the child's best interest, and not necessarily what the parents want. The court considers a variety of factors, including:

  • Each parent's ability to create a stable, healthy living environment
  • The child's current living arrangement
  • The child's relationship with each parent
  • Drug abuse, alcohol abuse or domestic violence by either parent

Consult With Our Caring Attorneys About Child Custody

We understand the emotional toll that child custody decisions can have on a family. Call 910-363-0086 to schedule a consultation with our attorneys to discuss your options. You may also contact us online.