Talk to your lawyer today.704-873-2295
Whenever two parents decide that they are no longer able to maintain a relationship and begin the divorce process, they must also develop a co-parenting plan for their children. This type of plan is necessary due to the fact that the parents and children will no longer reside in the same home. In order to properly create and execute an effective parenting plan, it is suggested that a Mooresville parenting plan lawyer be hired.
If possible, it is wise for the parents to create a parenting plan together, as they are more familiar with understanding their family’s needs and wants. The parents are almost always more qualified than a judge to determine the custody arrangements, but it will require an amicable relationship. If the parents are unable to come to a mutual agreement, then the court will step in and make the parenting plan for them.
Several types of parenting plans are available for couples to utilize. Although the same information is contained in each one, they are used for different situations.
When a settlement is made through the mediation process, a parenting agreement outlines the custody arrangements and conditions. The outline is created by the mediator and becomes court-ordered once a judge approves it. If possible, it is suggested that the parenting agreement be reviewed with a family lawyer before it goes to the judge. This will ensure it is legally valid and the judge can approve it.
It is important to note that child support is not included in parent agreements. If you wish to have child support, you will need to file a child support application with North Carolina Child Support Services.
In the instance that parents in Mooresville can find a mutual solution to any disagreements without the aid of a mediator, they can create a proposed order of consent. This proposed order is given to the judge to approve and make it a court order. If the parents cannot agree together on an order of consent, then the two can each make their own order of consent to submit to the judge for consideration. Though the parents are able to create an order of consent without legal assistance, it is suggested that a family law attorney be hired.
A contract that is made between parents outlining the children’s living arrangements with each parent is known as a child custody agreement. This type of agreement is not submitted to the court and is, therefore, not a court order. This makes it more difficult for custody agreements to be changed. Parents can choose to create these agreements on their own or with the help of a child custody lawyer. However it is created, it must be notarized.
Parents who are separating or divorcing often include custody agreements in the process. Even if the parents are not legally married, a custody agreement is all that is necessary to determine who the children will be living with.
A parenting plan should include any legal topics in regard to children’s custody arrangements. Some of these plans involve:
Discuss your options for what you can include in your parenting plan with an attorney.
A: You do not need a lawyer for child custody in NC. However, it is important to note that child custody cases can become legally complicated. Your case may require witnesses to be called on your behalf or need particular documentation. If you choose to represent yourself, know that you will be held to the same standards as an experienced attorney.
A: A substantial change in circumstances in child custody is a major change in the current child custody arrangements. This proposed change must be given to the judge, and you must demonstrate why you need a modification to the original custody order. Proving a substantial change can be difficult to do, but reasons for these major changes can include anything that harms the well-being of the child, such as if they were exposed to substance use or abusive behavior.
A: A contempt motion for child custody in NC involves the noncompliant parent being forced to adhere to the court’s orders. This enforcement is a result of that parent refusing to follow correct legal procedures, such as withholding the children from seeing their other parent or continually failing to pay child support.
A: To get sole custody in NC, you must file a complaint and sue for full custody. You may file the necessary forms online. There are a few reasons why a judge would grant you sole custody, including the other parent: being unable to care for the child, being abusive towards the child, being convicted of a crime against that child, failing to pay child support for over a year without reason, and willfully abandoning the child for over six months.
Parents undergoing the divorce process have a lot to decide, including how they will co-parent. It is extremely helpful, and often necessary, to build an effective parenting plan since both parents and children will no longer live under one roof. To develop a beneficial parenting plan, consult with a Mooresville parenting plan lawyer. Contact Lassiter & Lassiter, Attorneys at Law so we can help you preserve what matters most.
Call our office at 704-873-2295 or email us today.
Attorney Mike Lassiter grew up in Statesville, makes his living serving the people of Statesville and published a book capturing the changing landscape of small town life across North Carolina and Iredell County. His keen sense of history, dedication to the area and 30 years of legal experience make him an ideal attorney for your legal needs.
All Fields Are Required