Child Custody – Legal Custody

Child custody cases are challenging for parents and their children across North Carolina. Both the parents must agree to a variety of rules and legal guidelines when separating or divorcing to ensure the welfare of the child. Legal custody rights can be established in Wake County Family Court if the parents of the child are unable to come to a satisfactory agreement about the custody rights outside of court. NC family law attorneys can be of great assistance when determining these rights during the sometimes contentious court proceedings.

Divorcing spouses may not be able to come to a decision that both parties agree to about the custody of their children outside of court. In these instances, Wake County family court is where legal child custody orders are established and then updated if future life circumstances require. Legal custody is used to describe the person who has the right to make major decisions concerning the child, including decisions about the child’s education or health care, among other things.

In a child custody case in Wake County family court, the judge will look at a number of factors in the current life of the child and the parents. The child custody decision is based on the best interests of the child. Judges could look at factors such as the household and the caretaking abilities of each parent, and also if either parent would hold back any parts of the child’s development-mental, physical, or otherwise. Judges may take into account the wishes of the child but are not required to do so. While all of these factors may be considered, Wake County family court also has the authority to establish custody on as many or as few factors as it considers important.

In North Carolina, it can be a very long and confusing process to establish legal custody of children in court. Working with experienced NC family law attorneys can help each parent understand the rights they have in regard to the child as well as the best future situation for the child. Parents who are divorcing may choose to have the custody settled in court if their particular situation is too complicated or difficult to decide otherwise. Wake County attorneys can provide guidance both before the decision is made to proceed in court and during any hearings that take place in Wake County family court.