Maginnis Howard no longer practices family law. We currently work personal injury cases, consumer cases relating to credit or harassing phone calls, and wage and hour/employment cases.
Of the variety of issues in family law, child custody can be the most emotionally charged. Determining the parent responsible for the majority of the child-rearing and decision making has long-ranging implications. Because of this aspect, child custody may be the most expensive litigation resulting from a separation or divorce. The family law attorneys at Maginnis Law are experienced in creating comprehensive and personalized child custody agreements or, if need be, presenting your case in court.
The good news is that in the majority of child custody cases, couples are able to work together and compromise on a child custody agreement that is in the best interest of the child. North Carolina child custody is often settled by a voluntary agreement between the parents. Keeping child custody cases outside of court generally results in lower fees and a better long-term relationship with the other parent. In North Carolina, child custody issues can be settled by private agreement, without a judge.
There are many issues to confront when determining child custody – including where the child will spend birthdays, holidays, and summers. Other important child custody issues relate to the child’s health and education. Oftentimes the toughest decisions is where the child will go to school and which parents address will be used to determine the child’s school. Additionally, deciding what religion or church the child will attend is important for many families when the child’s parents practice different religions or attend different churches or synagogues.
Importantly, until something is set forth in writing (whether a court order or a private contract) each parent has equal rights to the physical possession of the child. This can leave one parent completely at the mercy of the other to determine child custody or child visitation. For this reason it may be best to speak to a lawyer about getting a separation agreement or court order in place to set forth the rights and responsibilities of each parent.
