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

By Gary Hall


Even if both parties agree that a divorce is the best solution to insurmountable problems, it is still hard. When you add children to the mix, it can get complicated. Some couples manage to put their differences aside long enough to create a viable custodial arrangement. Sometimes one of the parents questions the reliability of the other and considers sole guardianship. If you are experiencing difficulties with the issue of custodial care, a Durham NC custody attorney may be just what you need.

The best case scenario is that the spouses act intelligently and as adults when it comes to making custodial arrangements for their children. If they are equally responsible and committed, a joint arrangement can usually be worked out. When differences arise that can't be resolved between the two, the court may intervene.

Most of the time kids end up living with one parent during the week and spending weekends, or alternate weekends, and holidays with the other parent. This arrangement can have advantages for the adults. When one, or both, are involved with new partners or have moved away, this is a convenient arrangement. Alternating visitation on holidays is common and a good way for extended family to get to see the kids.

Bird nesting is becoming more common. This plan involves the parents moving in and out of the primary residence instead of the children. Most couples keep separate homes they use when it's not their turn to have the kids. A lot of parents decide to do this because it creates a more stable situation for the children, especially the youngest ones.

In the case of abuse or instability, one parent may have no option but to sue for sole custodial rights. A decision like this has to be approved by the court. To get approval, the partner suing has to prove to a judge that the spouse is physically abusive, abuses drugs or alcohol, or is financially, mentally or emotionally unstable. The accused has a chance to defend against the charges.

There are advantages to sole custodial care. The children stay in one home with the parent who is able and willing to be responsible for them. They are not directly subjected to the other parent's issues. Not having to interact with the other party, when the divorce was unpleasant, gives everyone time to gain some perspective. The custodial parent may have physical or legal custody, or both.

Occasionally parents can't come to any kind of agreement regarding the care of their children. In this case, the judge can appoint a guardian ad litem. This individual is the children's advocate. The guardian ad litem assesses the family structure and makes a determination as to the best custodial arrangement. That information is passed on to the court.

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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