Why A Durham NC Custody Attorney Can Be Crucial For Navigating Child Guardianship Issues

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 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.

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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