Parenting disputes can be particularly challenging post-divorce. Fortunately, there are strategies for resolving these disputes amicably.
The guiding principle in North Carolina child custody cases is the “best interests of the child.” Courts consider multiple factors when making custody decisions. These include the child’s preferences, the primary caregiver’s role and the child’s adjustment to home, school and community. Courts also look at safety and stability, how the parent and child get along with each other and each parent’s ability to co-parent effectively. Courts look at the physical and mental health of the parents and any history of abuse.
Mediation and custody agreements
To resolve custody disputes, North Carolina strongly encourages mediation. This process involves a neutral third party who helps parents reach a mutually satisfactory custody arrangement.
Mediation tends to be less adversarial and more cost-effective than litigation. Additionally, parents can voluntarily enter into custody agreements without court intervention, and some courts and counties in our state offer both free mediation services and family counseling. These resources can be invaluable in facilitating amicable solutions and maintaining a focus on the child’s best interests.
Parental rights and custody
It is crucial to understand that custody disputes primarily focus on the best interests of the child. In North Carolina, non-parents can only seek custody or visitation under limited circumstances. When these cases are litigated, the courts carefully consider the parent’s constitutional rights before making a decision that might limit these rights.
By understanding North Carolina’s child custody laws, divorced parents can effectively resolve parenting disputes. These approaches help maintain a cooperative co-parenting relationship, which ensures the well-being of the child remains the top priority.