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Tuesday, 15 May 2018

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.

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.

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.

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.

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.

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.

When parents can't agree about support, visitation, or anything else regarding their children, the court can step in and appoint a guardian ad litem. This is someone whose main function is to be an advocate for the children. They assess the situation and make their recommendations to the court regarding the custodial arrangement they believe to be in the best interest of the kids.

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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