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How An Attorney May Help In Child Custody Battles


One parent having sole custody is not as common as shared custody. It may be necessary in some cases for only one parent to raise the children.

Parents who are divorcing in North Carolina and elsewhere may have numerous acceptable reasons to ask for full custody of their children. Not every divorce ends with both parents getting along. In fact, it is quite common with divorces involving children to involve some form of custody dispute.

Usually, both parents share custody after ending a marriage, states It is often considered best for both parents to have an active role in raising their children and making decisions for their well-being. However, in some cases, it is preferable that only one parent have the main responsibility of raising the children. Custody disputes are often heated and emotional, which is one reason why legal counsel may be necessary when a custody issue arises during a divorce.

Safety of the children

While shared parenting is the most common custody arrangement after a divorce, a parent who is concerned about the safety of children due to an abusive spouse might think about getting sole custody. This type of arrangement may protect children from an abusive, alcoholic or neglectful parent.

Ability to make legal decisions

Having sole custody may allow the custodial parent to make the most important legal decisions for the children without conflict from the other parent. This includes where they go to school, which religion they might be raised in and who their doctor and dentist should be. If a parent has a mental or physical disability that prevents him or her from taking care of the children and making these decisions, the other parent having sole custody may be a better arrangement.

Preserving parental relationships

Divorce is usually hard on children, according to Psychology Today. It can be difficult for them to understand the reasons their parents do not live together anymore and are fighting over where the children will go. It can be especially heartbreaking when they do not see the noncustodial parent very often.

Children may live with only one parent when sole custody is involved, but this does not always mean that they will never see the noncustodial parent again. Depending on the individual case, the noncustodial parent may have visitation rights. Visitation could be supervised or unsupervised and last for a specific amount of time. The children might be allowed to spend a few weekends or a vacation at the other parent’s home. Or, in extreme circumstances, the noncustodial parent may not be allowed to have visits with the children, for their safety and emotional well-being.

The issue of child custody can be emotional and contemptuous, in addition to being legally complex. Both parents may choose to seek sole custody at the same time. Therefore, it is important for the best interests of the children to seek help from a Lincolnton family law attorney with experience in child custody matters.