In contested custody cases, custody placement is determined by the best interests of the child. The court shall consider all relevant factors including acts of domestic violence between the parties, the safety of the child, and the safety of either party from domestic violence by the other party and shall make findings accordingly.
There will be no presumption shall apply as to who will better promote the interest and welfare of the child. This means neither the mother nor father is presumed more fit prior to assessing the factors of care. Contact an experienced Durham family law attorney to ensure your rights are protected.
How does Joint Custody Work?
Joint custody is considered upon the request of either parent. The court may decide against it, even if the parents are in agreement. If the court finds that domestic violence has occurred, the court shall enter such orders that best protect the children and party who were the victims of domestic violence. If a party is absent or relocates with or without the children because of an act of domestic violence, the absence or relocation shall not be a factor that weighs against the party in determining custody or visitation.
North Carolina laws provide for self representation in child custody hearings, but the complexity is the process and the rules of the court are best navigated by an experienced family law lawyer. Don’t risk the custody of your children.
Child Support in North Carolina
The court will determine the amount of child support payments by applying the North Carolina child support guidelines. If, after considering the evidence, the Court finds by the greater weight of the evidence that the application of the guidelines would not meet or would exceed the reasonable needs of the child considering the relative ability of each parent to provide support or would be otherwise unjust or inappropriate the Court may vary from the guidelines.
Call 919-683-9500 to speak to an attorney.
The Law Office of John C. Fitzpatrick helps parents of Durham, Raleigh, Chapel Hill, Cary and surrounding areas with child custody issues.