Establishing child custody can be one of the hardest hurdles to overcome when you are getting a divorce or separating. When you and your former partner can’t agree on who gets the children, your divorce can get messy fast. Your children need their parents to work together amicably when it comes to decisions regarding their care, visitation schedule and custody arrangement.
Custody in Raleigh/ Durham NC can be established several ways. First, you could be the sole physical and sole legal custodian of your children. This type of custody is generally established when one party is absent, or incarcerated and unable to care for the children. Sole physical and legal custody means all decisions, and all care is left up to the one granted the custody. There is no need to consult the other parent in decision making when you have sole legal and physical custody.
You may also be granted primary physical custody with joint legal custody. This means that you will be the primary caretaker for your children, making day-to-day decisions about their care. The other parent will likely have visitation rights, and they will have shared legal custody granting them the right to help make important legal, medical and educational decisions for the children. If you share legal custody, you must consult the other party before you make big decisions regarding your children.
Both parties can enter a third type of custody arrangement, sharing joint physical and joint legal custody. Both parents will be responsible for the day-to-day care of the children, and have a legal right to participate in important decision-making.