When you’re going through a separation or divorce, one of the most important decisions you’ll face is how to manage child custody and visitation. 

In North Carolina, the courts prioritize the best interests of the child, and both parents are encouraged to remain actively involved in their child’s life whenever possible. 

Understanding your options for custody and visitation can help you make the best choices for your family and ensure a smooth transition during this challenging time.

In North Carolina, child custody can be divided into two categories: legal custody and physical custody. 

• Legal custody refers to the right to make important decisions about your child’s upbringing, including choices about their education, healthcare, and religious practices. 
• Physical custody, on the other hand, involves where the child lives and the day-to-day care they receive.

Custody Arrangements

There are several potential custody arrangements, depending on your family’s situation. Two popular options include:

• Joint legal custody means both parents share the responsibility of making major decisions for the child. This arrangement allows both parents to have an equal say in key aspects of the child’s life, promoting collaboration and ensuring that both voices are heard. 
• Joint physical custody is another possibility, where the child spends substantial time living with both parents. This can mean an even split or a more flexible arrangement based on the child’s needs and the parents’ schedules.

In some cases, one parent may be awarded sole legal or physical custody. 

• Sole legal custody means that one parent has the exclusive right to make decisions about the child’s upbringing
• Sole physical custody means the child primarily lives with one parent, and the other parent may have visitation rights. 

Courts generally prefer to grant joint custody whenever it’s in the child’s best interest, but sole custody may be awarded if there are concerns about one parent’s ability to care for the child, such as in cases involving abuse or neglect.

Visitation Schedules

Visitation, often referred to as “parenting time,” is the right of the non-custodial parent to spend time with the child. If one parent is awarded primary physical custody, the other parent typically receives visitation rights, which can be structured in various ways. 

Visitation schedules can be as detailed or as flexible as needed, from regular weekend visits to holidays, vacations, and school breaks. The goal is to ensure that the non-custodial parent has meaningful time with the child while maintaining stability for the child’s routine.

Military Family Visitation Schedules

One unique challenge in custody arrangements is when one or both parents are in the military, as deployments and relocations can complicate the situation. 

North Carolina law allows military parents to designate a temporary custodian, such as a family member, to exercise visitation rights during deployments. Once the military parent returns, they can request modifications to the custody order to reflect the new circumstances.

While the court can make the final decision on custody and visitation if necessary, it’s often best if parents can come to an agreement on their own. Working together to create a parenting plan allows you to tailor the arrangement to your child’s specific needs and avoid the uncertainty of leaving decisions up to the court. 

Mediation Can Help Resolve Custody Disputes Outside of Court

Mediation is another option that can help parents resolve custody disputes without going to trial. During mediation, a neutral third party facilitates discussions and helps both parents find common ground.

Modification of Visitation or Custody Arrangements

It’s important to remember that child custody arrangements are not set in stone. As your child grows and family circumstances change, you may need to modify the custody or visitation schedule. 

North Carolina courts allow for modifications if there is a significant change in circumstances, such as a parent relocating, a change in the child’s needs, or issues with the current custody arrangement.

Navigating child custody and visitation can be emotionally challenging, but with the right approach, you can create an arrangement that ensures your child’s well-being and maintains strong relationships with both parents. 

At Devan & Null, we’re here to help you explore your options and develop a custody plan that works for your family. With our guidance, you can feel confident that your child’s best interests will be protected throughout the process. 

Get in touch today to schedule your consultation and start finding the best path for your child.

When it comes to child custody in North Carolina, the court’s guiding principle is always the best interests of the child. But what exactly does that mean, and how does the court decide what is best for your child? 

The process involves considering a variety of factors that focus on the child’s well-being, both physically and emotionally, while keeping in mind the unique circumstances of each family.

The court looks at the child’s overall needs, including their:

• Physical safety
• Emotional health
• Stability

What Does Stability Look Like?

Stability is a key concern because the court wants to minimize disruptions in the child’s life during a divorce or separation. This can include maintaining the child’s current living arrangements, school environment, and routine as much as possible. 

For younger children especially, maintaining consistency in their daily lives can be crucial to their development and sense of security.

Parent-Child Relationships are a Factor

The relationship between the child and each parent is also carefully evaluated. The court will consider the emotional bond between the child and each parent, looking at which parent has been the primary caregiver and the involvement of each parent in the child’s upbringing. 

This includes things like:

• Helping with schoolwork
• Attending extracurricular activities
• Providing for the child’s emotional needs

The parent who has been more actively involved in these aspects may be viewed more favorably in terms of gaining physical custody, though this doesn’t necessarily mean the other parent won’t have a significant role.

Providing a Stable Home Environment

Another factor is each parent’s ability to provide a stable and nurturing home environment. This means more than just having a place to live—it’s about whether the parent can meet the child’s needs both now and in the long term. 

The court will look at the parent’s living situation, their financial stability, and their ability to support the child’s development. 

For example, the court might consider whether the parent has a safe, suitable home, whether they can financially provide for the child, and whether they are in a position to offer consistent care.

The Child’s Preferences

The court also takes into account the child’s preferences, especially if they are older and mature enough to express a reasoned opinion. 

While the child’s wishes are not the deciding factor, their feelings about living arrangements and visitation schedules can play a role in the court’s decision. 

The court will balance the child’s preferences with what is considered practical and in their best interest overall.

Domestic Violence and Child Custody

In some cases, the court may also consider any issues related to domestic violence, substance abuse, or other factors that could impact a parent’s ability to care for the child. 

The safety and well-being of the child is always the highest priority, so if there are concerns about a parent’s behavior or ability to provide a safe environment, the court will address these issues in its decision.

Cooperation of Parents

Cooperation between the parents is another element the court looks at. The willingness of each parent to work together in raising the child is critical, especially in joint custody situations. 

If one parent shows an unwillingness to facilitate a relationship between the child and the other parent, or if they attempt to alienate the child from the other parent, it can negatively affect their chances of receiving custody. 

The court values co-parenting arrangements where both parents can communicate and cooperate effectively for the child’s sake. Every custody case is unique, and the court’s decisions are made with the goal of fostering the child’s long-term health, happiness, and development. 

We Can Help You Find the Best Way Forward

While the process can feel daunting, knowing that the court’s primary focus is on the best interests of your child can provide some peace of mind. 

Working with an experienced attorney like Laura Devan at Devan & Null can help ensure that your voice is heard and that the court understands what is truly best for your child.

At the end of the day, the court wants to create an environment where the child can thrive emotionally, physically, and academically. This is why the best interests of the child remain at the heart of every custody decision, ensuring that their needs are prioritized above all else.

Get in touch today to schedule your consultation and start finding your best path forward.

Yes, a custody agreement can be modified after a divorce is finalized in North Carolina, but it requires meeting certain conditions. 

Life is constantly changing, and what works for a child and their parents at the time of divorce may not always be practical or in the child’s best interest as time goes on. North Carolina courts recognize this and allow modifications to custody agreements when significant changes in circumstances occur.

Requesting a Modification

To request a modification, the parent seeking the change must demonstrate that there has been a substantial change in circumstances affecting the welfare of the child. This change must have occurred after the original custody order was put in place. 

The court’s focus, just like during the original custody decision, remains on the best interests of the child. The parent asking for a modification must show that the changes will improve the child’s well-being, stability, or overall development.

A Change in Living Situation

One common reason for modifying a custody arrangement is a change in the living situation of either parent. 

For example, if one parent is moving to a different city or state, this could significantly impact the child’s schedule, schooling, and ability to spend time with the other parent. If the move affects the child’s stability or access to important resources, the court may consider adjusting the custody agreement to account for the new circumstances.

Changing Needs As a Child Grows Older

Another reason for modification could be changes in the child’s needs as they grow older. What works for a toddler or young child may not be appropriate for a teenager. 

For instance, as children become involved in school activities, sports, or have more social commitments, they might need a different custody schedule that better suits their new routines. This is especially true if one parent lives far from the child’s school or activities, making it difficult to maintain the original visitation schedule.

Health and Safety of the Child Comes First

The health and safety of the child are also significant reasons for seeking a custody modification. 

If there are concerns about a parent’s ability to provide a safe and nurturing environment—perhaps due to substance abuse, mental health issues, or domestic violence—the other parent can request a change to the custody arrangement. 

The court will carefully consider evidence related to the child’s well-being and make adjustments to ensure their safety.

Changes in Work Schedules

Changes in the parents’ work schedules or financial situations can also lead to custody modifications. 

If one parent’s work hours drastically change or they switch to a job that requires extensive travel, their ability to care for the child during the scheduled custody times might be affected. In such cases, the court may adjust the custody schedule to reflect the parent’s new availability and to make sure the child’s routine remains consistent.

Modifying Custody Outside of the Court

It’s important to note that parents can agree to modify a custody arrangement on their own, but to make the change legally binding, it must be approved by the court. 

Even if both parents are on the same page about the new arrangement, the court needs to review the agreement to ensure that it aligns with the best interests of the child. Once approved, the new custody arrangement becomes enforceable, protecting both parents and the child from future disputes.

Custody Modification Disputes

On the other hand, if parents cannot agree on the modification, the parent seeking the change will need to file a motion with the court and present evidence to support their request. 

The court will then hold a hearing to determine whether the proposed changes are necessary and beneficial to the child’s well-being. This process can be challenging, but it ensures that any changes are made with the child’s best interests in mind.

Relevant Changes Are Considered By Family Courts in North Carolina

Modifying a custody agreement is not about rehashing old disputes or using the court as a battleground for unresolved issues. 

The court will only consider relevant changes that have occurred since the original order was made. This helps ensure that the process stays focused on the child’s current needs rather than revisiting past arguments.

Finding the Help You Need

At Devan & Null, we understand that life evolves, and your custody agreement may need to evolve with it. We’re here to help you navigate the process of modifying your custody arrangement, whether you’re seeking a change or responding to a request for modification. 

With our experience in North Carolina family law, we can guide you through the legal steps and advocate for a solution that works best for your child and your family’s new circumstances. 

If you believe your custody agreement needs to be adjusted, contact us to discuss your options and take the first steps toward ensuring your child’s well-being in this next chapter of life.

In North Carolina, grandparents and other relatives can have a meaningful role in a child’s life, and in certain situations, they may seek custody or visitation rights. 

However, these cases can be complex, as the courts prioritize the rights of parents and the best interests of the child when making custody or visitation decisions. 

That said, there are circumstances where grandparents or relatives may be granted custody or visitation, especially if it’s determined that such an arrangement is in the child’s best interest.

Close Relationships to Grandparents

Grandparents often play a significant role in a child’s upbringing. If the relationship between the child and their grandparents is a close and nurturing one, the court may consider their request for visitation. 

In cases where the parents are going through a divorce or custody dispute, grandparents can file for visitation, but they must prove that this relationship benefits the child. The court will look at how involved the grandparents have been in the child’s life and how maintaining this relationship can positively impact the child’s emotional and psychological well-being.

However, it’s important to note that the rights of biological parents are held in high regard in North Carolina. 

If both parents are deemed fit and are making decisions together regarding the child’s upbringing, the court is unlikely to grant visitation to grandparents if the parents object. This is because the law assumes that fit parents act in the best interest of their child, and the courts generally defer to their decisions on who has access to their child.

When One Parent Is Uninvolved

The situation changes when one or both parents are unfit, absent, or unable to care for the child. 

If the child’s home environment is unsafe or unstable due to neglect, substance abuse, or domestic violence, grandparents or other relatives can petition for custody. In these cases, the court will consider what living arrangement best serves the child’s safety and stability. 

If the grandparents or relatives can provide a secure, loving home, the court may decide that granting them custody is in the child’s best interest.

When Parents Are Capable and Available to Child

A significant legal hurdle for grandparents or relatives seeking custody or visitation arises when the parents are fit and providing for the child. In such cases, the relatives must present compelling evidence that the current living or visitation situation is not in the child’s best interest. 

The court may appoint a guardian ad litem, who is a third-party advocate for the child, to investigate the situation and provide recommendations on what custody or visitation arrangement will best benefit the child.

When Parents Are Absent Due to Death or Incarceration

In situations where a child’s parents have passed away or are incarcerated, relatives such as grandparents, aunts, or uncles may step forward to seek custody. 

The court will carefully review the family’s circumstances and decide whether granting custody to a relative would offer the child a stable and supportive environment. In these cases, relatives are often viewed as a preferred alternative to placing the child in foster care or with unrelated guardians, as maintaining family ties is typically seen as beneficial for the child’s well-being.

When Grandparents Are More Likely to Receive Custody

The rights of grandparents or other relatives to seek visitation or custody are stronger in cases involving the termination of one parent’s rights or when a parent’s behavior negatively affects the child’s welfare. 

If the parent has abandoned the child, shown a pattern of harmful behavior, or created an unsafe environment, relatives may argue that stepping in is in the child’s best interest.

When a Child Lives With Grandparents

It’s also worth noting that the bond between a child and a relative may be considered, especially if the child has lived with their grandparents or other family members for an extended period. 

In these cases, if the child has formed a deep emotional connection with their relatives, the court may be more inclined to consider their petition for custody or visitation, particularly if a return to the parent’s care could be disruptive or harmful to the child’s emotional development.

Custody is Possible for Grandparents and Other Relatives

While the process can be challenging, grandparents and relatives have legal avenues to protect and preserve their relationship with the child, especially when they play an important and positive role in the child’s life. However, the legal standard in these cases is high, and working with an experienced attorney can be crucial to building a strong case.

Finding the Help You Need 

At Devan & Null, we understand the important role that grandparents and other relatives can play in a child’s life, and we are committed to helping families navigate these complex situations. 

If you are a grandparent or relative seeking custody or visitation rights, we can guide you through the legal process and advocate for your relationship with the child. 

Whether it’s protecting your bond with your grandchild or stepping in to provide a safer, more stable home environment, we’re here to help you achieve the best outcome for the child’s future.

Get in touch today to schedule your consultation and start finding your best path forward.

For military families, child custody can be particularly challenging due to the unique demands of military service, such as deployments and relocations. 

In North Carolina, these factors are carefully considered when determining custody arrangements, as the court recognizes the impact that military life can have on both the parents and the children involved. However, the guiding principle remains the same: the best interests of the child must always come first.

Deployment and relocation can significantly disrupt the stability that the court seeks to provide for children in custody cases. When a military parent is deployed, they may not be able to fulfill the day-to-day responsibilities of parenting, and this can lead to temporary adjustments in custody or visitation. 

During deployment, the parent may lose the ability to maintain their regular visitation schedule, but North Carolina law allows for some flexibility in these situations.

Deployment and Temporary Custodians

One option for military parents facing deployment is the designation of a temporary custodian to exercise their visitation rights while they are away. This could be a family member, such as a grandparent or relative, who the child knows well and with whom they feel comfortable. 

This arrangement can help maintain a sense of continuity for the child and allow them to remain connected to the deployed parent’s side of the family. However, the court will need to approve this temporary custodianship to ensure it aligns with the best interests of the child.

Military Parents with Joint Custody

For military parents who share joint custody, a deployment might lead to one parent temporarily having more physical custody, with the understanding that the arrangement will be reevaluated once the deployed parent returns. 

The court understands that military service often requires flexibility, and it is willing to make temporary adjustments to ensure the child’s stability during this period. After the deployment, the military parent can request a modification of the custody order to reinstate their previous custody or visitation arrangement.

Relocation and Child Custody

Relocation is another major issue for military families, especially when one parent is stationed far from the child’s current home or has to move due to a change in duty station. 

Relocating to another city, state, or even country can make it difficult to maintain the current custody schedule. In some cases, a long-distance custody arrangement may need to be developed. 

The court will consider the impact of the move on the child, particularly in terms of their education, social connections, and emotional well-being. If the move is deemed necessary for the military parent’s career, the court will also weigh the parent’s ability to maintain meaningful contact with the child.

Seeking to Modify Custody When Not Relocating

In some cases, the parent who is not relocating may seek to modify the custody arrangement to gain more time with the child. 

For example, if the relocation means that the child would have to travel extensively to spend time with the military parent, the court may adjust the custody schedule to limit disruption to the child’s routine. 

However, the court generally seeks to preserve the child’s relationship with both parents, so it may also encourage creative solutions, such as extended visits during school breaks or increased virtual communication through video calls, messaging, or phone calls.

Military Protections Under SCRA

Military parents also have protections under the Servicemembers Civil Relief Act (SCRA), which allows them to request a delay or “stay” in custody proceedings while they are deployed. 

This can prevent a military parent from being unfairly penalized due to their inability to attend court hearings or participate in the custody process while serving. Once the parent returns from deployment, they can resume their involvement in the case and work with the court to develop or modify the custody arrangement.

Finding a Balance

While deployment and relocation present challenges, the courts aim to strike a balance between the needs of the child and the rights of the military parent. Flexibility is key in these situations, as the demands of military life can change rapidly. 

Military parents are encouraged to work with their co-parent to create a custody arrangement that accounts for the potential disruptions caused by service and, if possible, to have a plan in place before deployment or relocation occurs.

Finding Solutions for Difficult Circumstances

At Devan & Null, we understand the unique challenges military families face, and we are here to help you navigate the complexities of child custody in the context of military service. 

Whether you are facing deployment, relocating due to orders, or simply trying to ensure that your custody arrangement works for your family, we can provide the legal guidance you need. 

With our experience in North Carolina family law and our commitment to supporting military families, We work with you to protect your rights and keep your family connected, even when service demands call you away. 

If you have questions about how deployment or relocation might affect your custody arrangement, reach out to us, and we help you explore your options and develop a plan that puts your child’s needs first.

Get in touch today to schedule your consultation and start finding your best path forward.