Blogs

Thursday, March 9, 2017

Fathers Now Have Equal Rights in North Carolina Child Custody Cases

Historically, the general assumption is that courts are going to award child custody to the mother in a divorce. That is not the case anymore as more fathers are being granted more than just visitation rights or limited custody. More fathers are now being awarded sole custody of their children.

The state of North Carolina no longer makes any presumptions regarding the gender of the parent. The best interest of the child is used as the determining factor as to whether the father or mother will ultimately be granted full custody. The knowledgeable attorneys at SouthparkFamilyLaw.com can help you along your transition.

That does not mean fathers are exempt from running into some difficulty when pushing for child custody. There are certain steps fathers must follow, the first of which is establishing paternity. It is also important to note that paternity needs to be established when there was no legal marriage between the father and mother. And if a father intends to dispute paternity on a birth certificate, he has 60 days after the birth to do so in a North Carolina court.

There are not supposed to be any biases in terms of custody decisions, which traditionally have favored the mother. However, no fault divorce laws have made it rather easy for women to file for divorce. In many cases, men immediately become the defendant in name.

Many child custody cases involving fathers start off with the aim of obtaining joint custody. From there, it is sometimes easier to prove that the father is better suited for sole custody. At times, that can make for a lengthy legal process.

Nevertheless, the new norm is for the court to decide which parent can best meet the needs of the child’s interest. Income, living arrangements and one’s behavior history are all taken into account when making that decision. Fathers should be sure to have all of those aforementioned areas accounted for before entering into a child custody battle.

It is still common for many people still cling to the preconceived notion that courts are going to award custody to the mother in cases of child custody. That is why it is important for fathers to have quality legal counsel by their side when entering into this process.

Southpark Family Law can provide father’s with the legal advantage they need when it comes time for a child custody battle. As the top family law attorney Charlotte has to offer, Southpark Family Law has the experience that clients deserve to have working for them.