Why You Might Need A Durham NC Custody Attorney To Negotiate Child Guardianship

By Gary Hall


Divorces are difficult no matter how much you both agree it's time to go separate ways. It gets a lot more complicated when children are involved. Hopefully you can put aside your differences long enough to decide on the best course of action when it comes to the kids. If not, you may be considering whether or not sole guardianship is a better option than joint guardianship. Retaining the services of a Durham NC custody attorney may be necessary to help you make an informed decision.

If you are divorcing while you still have some mutual respect for each other, and both of you want what is best for your children, a joint custody arrangement may be possible. With this plan parents share the responsibility of raising their kids. When the two parties can't come to an agreement about visitation or financial support, the court may step in.

Customarily, joint custodial responsibilities entail the kids living with the primary caregiver on weekdays and visiting the other parent on weekends and holidays. This arrangement is especially beneficial for parents who are in new relationships or have moved a significant distance away. Alternating holidays is a common way to make sure both extended families have a chance to see the kids.

Another arrangement that is becoming more common is called bird nesting. This is where the kids stay in one home, and the parents move in and out per their individual custodial arrangement. Most parents have residences to stay in when it's not their time to have physical guardianship. This can be a good plan for young children who may be confused by constantly changing homes.

Unfortunately there are times when one parent feels that the children will not be safe, unsupervised, with the spouse. When this is the case, the custodial parent has the option of petitioning the court for sole custody. In order to get approval from the court, the parent suing has to prove that the partner is unfit. The most common reasons involve physical abuse, drug and alcohol abuse, and lifestyle, mental, or financial instability.

While all the responsibilities fall on one parent in the case of sole custodial care, it can have a number of advantages. The kids have the full time support of the most reliable parent. They don't have to deal with the other parent's issues directly. Neither adult is forced into interacting with the other. This is sometimes helpful in the long run.

When parents are disagreeing about almost everything concerning the welfare of the children, the court has the option of appointing a guardian ad litem. This person is charged with assessing the family situation to determine what is in the best interests of the children. They report their findings to the court for considerations.

Divorces are difficult. They affect all the family members. When couples can move past the issues, at least momentarily, to concentrate on the best interests of their kids, everybody wins. Failure to do that can have lifelong consequences for their children.




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