Child Custody & Support

Among the most difficult issues you’ll be dealing with as you go on with your divorce are child custody and child support.  When negotiating with your spouse about these aspects, you have to keep in mind that what’s best for your child is the most important thing to consider.  In North Carolina, you and your spouse can decide on child custody, which is why it’s a lot better if both parents can reach an agreement on child custody and support. The agreed terms of child custody and support can be added to the separation agreement which is binding on both parties when signed.  If both spouses can reach a support agreement, it’s not necessary to go to court. If no agreement is reached, then there will be a separate trial for child support. If you go to court the decision is then in hands of a judge.If any of the divorced spouses breaks the agreement in the future, the other spouse can go to court to seek enforcement of the agreement. If arrangement on child custody and support is not reached, then you have to go to trial which is heard in front of a District Court Judge and in the county where the lawsuit was filed.  It’s worthy to note that you’re not entitled to a jury trial for child custody or support in North Carolina.  During the trial, the judge just listens to the witnesses called by both parties.

The judge takes many factors into consideration before making a ruling, including the willingness of the parents to work with each other regarding child visitation, the child’s special needs (if any), the parents’ income, any allegations of domestic violence, and other such factors. The judge’s ultimate goal in awarding child custody is for the best of the child concerned.