Child Custody / Child Support Issues in Charlotte

Thank you for visiting My Charlotte Family Law Attorney. We are advocates for children when their family is about to break up; we focus on Child Custody and Child Support issues. Additionally, you can visit our “Why hire us” page to see what separates us from the other Family Law attorneys in and around Charlotte.

The attorneys at the Family Law Offices of “insert attorney name” in Charlotte are honest and truly care for the well being of you and your family. Call us for an appointment.

Charlotte Child Support and Custody Overview

In North Carolina, your children’s best interests are the #1 priority in the court system.
North Carolina does not favor the mother or the father as the better parent.
Statistics show that over 1 million children are involved in divorce each year in the United States.

Determining Custody

North Carolina courts consider the best interests of your children when determining which parent will have custody.

The court takes into consideration:
- What each parent wants and can give to the relationship.
- What the children want if they are old enough.
- Who has been the primary caretaker during the marriage?
- Is there a history of abuse?

Child Custody

There are two types of Custody awarded in Charlotte:
- Legal Custody
  - Joint Legal Custody
    - Both parents have shared custody
    - Both parents have the responsibility of making major decisions together:
    - Medical
    - Dental
    - Religion
    - Education
    - Extra-curricular activities
  - Sole Legal Custody
    - One parent makes all major decisions
- Physical Custody
  - Joint Physical Custody
    - One parent has primary physical custody
    - The other parent has secondary physical custody
    - Both parents make major decisions together.
  - Sole Physical Custody
    - One parent has primary care.

Once custody has been determined, North Carolina law requires mediation to take place.
- Court-ordered by a court-run program
- Private sessions – you hire your own mediator
- Private and cannot be used against you in court
In Mecklenburg County, if you file to modify an existing order, both parents will be required to take a 4-hour parent education court which is run by United Family Services.
- Teaches the parents how to communicate with each other regarding custody and visitation issues.
- There are 2 classes: Orientation, actual parenting course
- You do not have to attend together
- At the end of the class, you will receive a certification of completion
  - Must be given to the Family Court Administrator
  - If you fail to attend, you will be fined $100.

Developing a Parenting Plan

The court requires the parents to write and agree on a parenting plan which details the custody issues.
By agreeing on such a plan, you avoid the court giving you its plan.
The plan includes:
- Who makes major decisions regarding medical care, education, and religion?
- Who will have the children on certain days
- What happens if circumstances change regarding custody?
If you cannot reach an agreement, the court can order you to have a custody evaluation.
- A psychologist will evaluate you and your children.
- Will make a recommendation regarding custody and visitation to the court.
- It is best for you to reach an agreement with your ex-spouse.

Visitation Rights

Visitation is the custodial time given to the parent where the children do not live.

One parent will have primary physical custody, the other will have visitation, which includes:
- Every other weekend with the children
- An overnight visit during the week
- Half of all major holidays
- Mother’s Day / Father’s Day
- Birthdays
- Shared time during the summer

If a parent can prove that the child is in danger with the other parent, the court will provide supervised visits for that parent – a third party or a relative.

Relocation or Move-Away

If relocation or move away is involved:
Judges look at:
- Is it in the best interests of the children?
- How far will they be from the non-custodial parent?
- The intentions of the parent who wants to move away
- A better paying job
- The new spouse has been transferred
- Etc.
North Carolina follows the Uniform Child Custody Jurisdiction and Enforcement Act.
- If the parent who has primary custody of the child moves out of North Carolina, the court must determine if it still has jurisdiction over the child.
- The Act allows the court to make rulings on custody if the child lived in North Carolina for 6 months when the custody action began.

Charlotte Child Support

The North Carolina Child Support Guidelines is the basis for all child support orders issued by the court.
The judge considers the best interests of the children in determining whether the Guidelines are sufficient in each case.
The Guidelines take into consideration:
- Each parent’s income
- Medical insurance premiums
- Child care expenses
- Other child support obligations
Federal and State laws exist to enforce child support payments.
Parents must make their child support payments. If they do not:
- They will be in contempt of court
- Have to pay a fine
- Serve jail time

If you need to modify the amount of child support, you must petition the court and:
- Show significant changes in circumstances affecting the child’s welfare have occurred.
Child support usually ends when the child reaches 18.

The IRS has rules to control your deductions and exemptions if you pay child support or receive it.

Conclusion
Fighting damages your relationship with your children. We will listen to the goals you want to achieve and we will make sure you reach them. Call us at the Family Law Offices of “insert attorney name” in Charlotte because we care about you.