Sunday 13 May 2018

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.

If you are divorcing while you still have some mutual respect for each other, and both of you want what is best for your children, a joint custody arrangement may be possible. With this plan parents share the responsibility of raising their kids. When the two parties can't come to an agreement about visitation or financial support, the court may step in.

Customarily, joint custodial responsibilities entail the kids living with the primary caregiver on weekdays and visiting the other parent on weekends and holidays. This arrangement is especially beneficial for parents who are in new relationships or have moved a significant distance away. Alternating holidays is a common way to make sure both extended families have a chance to see the kids.

A custodial arrangement that is gaining in popularity is the one known as bird nesting. With this plan, the kids remain in the family home and the parents alternate physical custody by moving in and out on their respective weeks. Most maintain a separate home for the times they aren't with the children. This is especially beneficial for younger children who are easily confused by alternating living arrangements.

Unfortunately there are times when one parent feels that the children will not be safe, unsupervised, with the spouse. When this is the case, the custodial parent has the option of petitioning the court for sole custody. In order to get approval from the court, the parent suing has to prove that the partner is unfit. The most common reasons involve physical abuse, drug and alcohol abuse, and lifestyle, mental, or financial instability.

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.

Divorce is hard. It is especially devastating when children are involved. Working together, for the sake of the kids, to come to a mutually agreeable arrangement is the best outcome in a bad situation.




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