To file for divorce in North Carolina, spouses must be living separately and apart for a year. This doesn’t just mean two bedrooms, but two different residences. Also, there is a residency requirement – either of the spouses must be living in the state for at least six months prior to the divorce. Among other things that a couple may have to discuss and agree upon, child custody is the most serious and emotionally-charged one. If you are unsure of how to deal with the circumstances, your best bet is to talk to a Charlotte child custody lawyer. Find an attorney, who can be personally involved with the divorce and custody battle. Here are some tips for sorting child custody with your spouse.
1. Read up on state laws
If you have hired an attorney, they will advise on basic aspects of divorce in North Carolina and how you should be handling child custody in your case. Every divorce is unique and has its own problems, and the advice is never generic.
In North Carolina, the court usually encourages the parents to come to a parenting agreement that’s acceptable to both. You will be requested to discuss and sort things with your spouse, so that unnecessary litigation can be avoided. Also, courts in NC encourage equitable sharing, where both parents have a share in upbringing and wellbeing of the minor child. If the court has to decide on child custody, it will always consider the ‘best interests of the child’.
2. Consider your child’s wellbeing and preferences
The court may not ask a minor child to come to the courtroom, because it puts the child through unwanted stress and trauma. If you are deciding on child custody with your spouse, you have to think of child’s wellbeing and preferences. Age of the child, specific needs, and other family-related aspects have to be considered in depth. The reason why you need a child custody lawyer by your side is to avoid taking haste decisions. When a lawyer is advising a parent, it always comes from a point of experience and concern.
3. Open up to communication
Even the courts want you to resolve child custody with your spouse amicably. Negotiation and mediation are must for minimizing friction. If you don’t want to talk to your spouse directly, allow your attorney to take things ahead. You are more likely to resolve concerns when your child custody lawyer is talking.
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