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

By Gary Hall


No matter how mutual the decision is, divorcing is hard on everyone involved. That includes the children in the family. The best case is that you and your spouse can work things out and come to an agreement about custodial care for the kids. If there are issues that make you think joint guardianship may not be a good idea, you probably need the advice of a professional. A Durham NC custody attorney can discuss the advantages and disadvantages of various arrangements with you.

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 instances when abuse or instability is an issue, sole custodial care may be necessary. If you want to take this route you will have to petition the court. In doing so, you will be required to show that the other parent is unfit. This usually involves alcohol or drug abuse, physical abuse, financial, mental, or lifestyle instability. The other party is allowed to rebut the accusations.

While all the responsibilities fall on one parent in the case of sole custodial care, it can have a number of advantages. The kids have the full time support of the most reliable parent. They don't have to deal with the other parent's issues directly. Neither adult is forced into interacting with the other. This is sometimes helpful in the long run.

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 difficult even when you know it's the only choice. Having children makes it even more traumatic. It's important for the parents to act like mature adults and put the interests of the kids above all.




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