Child Custody in North Carolina
One of the most difficult and emotional issues people face when going through separation and divorce involves determining with which parent the children will live. Historically, the perception has been that more times than not, the children would live primarily with their mother and would visit with their father every other weekend and for an occasional holiday.
Times have changed, and at least in North Carolina, this is no longer the case. In determining matters of child custody, the court must decide what is in the best interests of the children. As between mothers and fathers, there is no presumption as to which parent will best serve the interests of the children, and judges do not automatically assume that it will be mom. Particularly in cases where both parents work outside the home, courts seem to be moving toward shared custody arrangements where the parents have equal custodial time with the children. The reasoning seems to be that children receive different benefits from spending time with each parent; thus, they should spend the maximum amount of time possible with both of their parents.
In certain situations, however, a primary custodial arrangement is still preferable. For example, if the child is very young, or one parent has been a stay-at-home caregiver, then the court may be more inclined to award one of the parents primary custody. In addition, if one parent is suffering from an impairment, such as drug or alcohol addiction, or if he or she is abusive or neglectful of the children, then an arrangement where the other parent has primary custody will likely be in the best interests of the children. Both mothers and father start off in equal positions in the eyes of the court, and at the end of the day, the positive and negative behaviors and attributes of the parents, not their genders, are determinative as to what custodial arrangement will be in the best interest of the children.
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