During a custody matter children are prone to take the brunt of the emotional stress. We focus on minimizing conflict to protect the well-being and best interests of the children involved and will strive to protect the rights of both you and your children. Custody and visitation are broken into several different components; legal custody refers to a parent’s right to make decision for their minor child, such as medical, education and religion, with the courts generally grant equal decision-making authority to each parent. Physical custody refers to which parent is providing the actual physical care for the child. Many factors are used in determining which parent is granted physical custody but generally it is believed that a child benefits from regular and equal time with each parent.
On occasion, one parent’s conduct may be so harmful as to warrant restricted or limited visitation. The court may also consider granting one party emergency temporary custody when the facts show that the child is at risk of physical or sexual abuse. The only other reason a court may grant emergency temporary custody is if the child is at risk of being removed from the State of North Carolina for the purpose of preventing the courts from hearing the matter. In such cases, and when an actual emergency exists that poses a physical danger to the children, the court may consider awarding one parent sole custody without the other parent receiving prior notice in order to prevent further harm.
North Carolina also recognizes a grandparent’s right to visit with their grandchildren. However, the laws of North Carolina regarding grandparent rights can be very confusing and vary based upon many factors. Farias Law is here to help with all child custody issues including emergency custody and grandparent rights, as well as a full range of family law matters. Contact us at (252)222-4802 to schedule an initial consultation.