Wake Family Law

Raleigh Divorce Lawyers - Raleigh Family Lawyers

Schilawski O’Shaughnessy Grace King & Mauney, PLLC

Raleigh, North Carolina
(919) 787-4040

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You are here: Home / Answering Your Questions / FAQs about child custody, visitation and termination of parental rights

FAQs about child custody, visitation and termination of parental rights

How do I file for child custody in North Carolina?

If you and the other parent are unable to reach an agreement on custody issues, you can file a lawsuit seeking child custody or visitation rights. Once a lawsuit has been filed, Wake County requires both parties to attend mandatory child custody mediation sessions unless there is a good cause to waive mediation (such as a party living far away). After a group mediation orientation session with other parents, you and the other parent will set up a time to meet with a neutral mediator at the courthouse in an attempt to resolve your issues and reach a parenting agreement. If you are successful, the mediator will draft a legal agreement that becomes an order of court once it is signed by the parents and the judge.

What if the other parent and I agree on child custody issues?

Agreements regarding child custody should be formalized to avoid disputes in the future. Our attorneys can address child custody issues as part of a separation agreement and property settlement, a parenting agreement, or help you obtain a court order called a “consent order.” A court order is typically easier to enforce – and more difficult to modify – than a contract for custody. However, it is generally more expensive to obtain a court order than a contractual agreement.

How does the court decide which parent gets custody?

The court is required to look at what is in the best interest of the child/children. The court may consider many factors when determining what is in the best interest of the child, but there is no preference toward the mother or the father. You should consult with an attorney to discuss issues related to child custody.

What is the difference between legal custody and physical custody?

Physical custody refers to where the children live on a regular basis. Physical custody may be shared by both parents, or one parent may have primary physical custody and the other secondary physical custody. Legal custody gives the parent the right to make major medical, educational and religious decisions regarding the child/children. It is not uncommon for parents to share joint legal custody even if they do not share equal physical custody.

How often can I expect to visit my child?

Custodial schedules vary widely depending on a number of different circumstances. A schedule might include one dinner or overnight visit a week, every other weekend from Friday evening through Sunday evening or Monday morning, alternating holidays and two to four weeks of summer vacation. In another case, a schedule may have the parents sharing physical custody, with one parent having every Monday and Tuesday overnight and the other parent having every Wednesday and Thursday overnight and the parties rotating the weekend from Friday afternoon through Monday morning with the child/children. Every case is different, and a schedule that is in the best interests of the children in one family may not be in the best interests of the children in another family.

Can I terminate the parental rights of the other parent?

There are certain instances where the rights of a parent may be terminated. However, you must provide evidence that grounds exist to terminate parental rights (as those grounds are set out in our statutes), and the court must determine that termination is in the child’s best interest. Once a parent’s rights are terminated, any future child support obligation of that parent is also terminated although any amounts currently outstanding remain due.

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Raleigh Divorce Lawyer

Wake Family Law Group

Schilawski O’Shaughnessy Grace King & Mauney, PLLC

4350 Lassiter at North Hills Ave, Suite 360
Raleigh, North Carolina 27609

(919) 787-4040
(919) 787-4811

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Help us keep the public and our staff safe!Courts are beginning to increase operations, but don't forget that, by order of the Chief Justice, only people with business at the courthouse will be allowed to enter. Masks or face coverings are still required.Stay up to date and learn more at: https://www.nccourts.gov/covid-19Stay safe! ... See MoreSee Less

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Co-Parenting Guide: Tips & Fundamentals for Healthy Communication After Divorce

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At OurFamilyWizard, we understand the many challenges of parenting after divorce or separation, so we built this guide to provide useful tips that can help you be more successful in your co-parenting.

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Wishing a very happy birthday to WFLG founding partner and managing partner, Helen O'Shaughnessy!You can read more about Helen at:https://wakefamilylawgroup.com/family-law-divorce-attorneys/helen-m-oshaughnessy/ ... See MoreSee Less

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“First African Americans on the North Carolina Bench” Exhibit Comes to Wake County Justice Center Again | North Carolina Judicial Branch

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The exhibit features a timeline of the lives and achievements of each judge and justice from 1968-2006.

3 weeks ago  ·  

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As many of our hearings are remote via WebEx these days, we could not stop laughing about this Texas remote hearing fail--the cat lawyer!!!😸😸😸#wflg#northhillsdivorce#playhardplayfairplaytowin“A lawyer using Zoom had to let a judge know that he wasn’t a cat after inadvertently activating a face filter https://t.co/vChc14mjM1” ... See MoreSee Less

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“Children thrive off predictability and routine, it is how they feel safe. When their parents are going through a divorce, it can make them fearful about what the future holds. Who will they live with? Is it their fault? These are some of the questions they may be asking themselves in the middle of the night.”#wflg#northhillsdivorce#playhardplayfairplaytowin#parenting#custody ... See MoreSee Less

Addressing Your Children's Sleep Issues During Your Divorce

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Divorce is hard on the whole family, including kids. If your child is experiencing sleep issues during your divorce, here are some tips to address it.

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Happy birthday Jess Mumford! Jess is the friendly voice you hear when you call the office. She manages our conference room suite and keeps us all organized, in addition to being a compassionate and kind ear for our clients. Wishing you a day as special as you are, Jess! ... See MoreSee Less

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#BlackHistoryMonth#wflg#northhillsdivorceFebruary is #BlackHistoryMonth and we are celebrating and highlighting people and events related to the diverse history of the North Carolina Judicial Branch and legal community! ... See MoreSee Less

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Special guest in the office today. 🐾🦴 Meet Poppy Beard, newest WFLG family member. Poppy’s mom is board-certified family law specialist Rachel Beard#frenchbulldog#wflg#northhillsdivorce#playhardplayfairplaytowin#nclawspecialists ... See MoreSee Less

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Great tips on conflict resolution. #wflg#nclawspecialists#northhillsdivorce#playhardplayfairplaytowinHave you ever reflected on an argument you had with your partner and just thought, “We do not get each other”? Or maybe you find yourself wondering, “Why does this matter so much to them? Why can’t they see it from my perspective?” Or even, “Why does this matter so much to me?”The latest release from the Gottman Relationship Coach, Dealing with Conflict, is here to help you uncover the answers to those questions and more.Every individual is unique, which means every relationship is an equally singular combination of dreams, opinions, viewpoints, and proclivities. Dive deep into the inner world of your relationship and gain an understanding of each other to ease communication and conflict—only on our new Gottman Connect platform. Purchase the Gottman Relationship Coach: Dealing with Conflict today and work toward “getting” each other, even in conflict: http://bit.ly/3iaoR1K ... See MoreSee Less

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