How do courts determine custody

She understands current child custody laws and which factors judges review prior to a custody hearing. In North Carolina, child custody arrangements are determined by a judge when a hearing is necessary. The judge reviews specific factors related to both parents and establish which parent is the most suitable choice. The state allows children who are at least twelve to submit their parental preferences to the judge.

For more information please visit our site. The information contained in this article and throughout this website is correct and accurate as of the date of publication of the content. While accurate and informative, the content is provided to help you make decisions in choosing a lawyer to help you through your divorce.

You should not rely on this general information as legal advice. Please seek advocacy with an experienced family law attorney in order to gain full understanding of the elements of your family law matter. Child Welfare Information Gateway. Determining the Best Interests of the Child. Updated March American Bar Association. Child Custody and Support. Your Privacy Rights. To change or withdraw your consent choices for VerywellFamily.

At any time, you can update your settings through the "EU Privacy" link at the bottom of any page. These choices will be signaled globally to our partners and will not affect browsing data.

We and our partners process data to: Actively scan device characteristics for identification. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Child Custody Child Support. Alimony Divorce and Property. Market Your Law Firm. Lawyer Directory. Call us at 1 What do judges consider when deciding child custody cases?

Age of the children. Each parent's living situation. Each parent's willingness to support the other's relationship with the children.

Each parent's relationship with the children before the divorce. Children's preferences. Continuity and stability. Sexual orientation. Sidoti , U. She remarried an African American man and moved to a predominantly African American neighborhood. The father filed a request to modify custody based on the changed circumstances from the marriage and the move.

A Florida court granted the modification, but the U. Supreme Court reversed, ruling that societal stigma, especially related to race, cannot be the basis for a custody decision. When a court awards physical custody to one parent and "reasonable" visitation to the other, the parent with physical custody generally has the power to decide when and how much visitation is reasonable.

In other words, unless the parents have a specific calendar or schedule, a noncustodial parent's visitation is often affected by the relationship between the parents. When a custodial parent wants the child to have a meaningful relationship with the other parent, it's more likely that the parents will work together to ensure that there's a truly reasonable visitation arrangement.

Unfortunately, an order that one parent is to have "reasonable" visitation can result in the noncustodial parent having to fight for time with the child. To avoid this problem, many courts require parents to work out a fairly detailed parenting plan that sets the visitation schedule and outlines who has responsibility for decisions affecting the children. When parents can't agree, the court will create a schedule for the parents to follow. Standard visitation arrangements often include alternating weekends, school breaks, and holidays that occur during the school year, as well as significant visitation in the summer.

Child custody mediation is a non-adversarial process where a trained, neutral professional called a mediator meets with parents to help them reach an agreement about custody and visitation.

The mediator does not have the power to make decisions for the parties. Instead, the mediator facilitates negotiations and might suggest solutions. Mediation is confidential—what the parties say in mediation can't be used in court. Mediation is often a better option than litigation fighting it out in court for resolving custody and visitation disputes.

That's because:. Experts who have studied the effects of divorce on children universally conclude that when divorcing or separating parents can cooperate, the children suffer far less.

The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising.

In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Understanding Child Custody. Most custody orders divvy up custody in one of the following ways: sole legal custody and sole physical custody to one parent sole physical custody and joint shared legal custody joint physical custody and joint legal custody, or sole legal custody and joint physical custody rare.