Custody:
Custody may be agreed upon by the parties. If they are in agreement about legal custody and the physical custody schedule, the parties may set out the terms in a Parenting Agreement or in a Consent Order that is filed with the court and signed by a judge. If the parties are unable to reach an agreement it will be necessary for a judge to determine the terms of custody. The judge will hear evidence and will determine a custody and visitation arrangement which is in the best interests of the children. the judge will determine if one or both parties shall share legal custody as well as a schedule for physical custody.
Custody and visitation arrangements are always subject to change when there is a substantial change of circumstances since the last order entered on custody, and those substantial changes affect the child’s welfare. Either party may file a motion for modification of a previous order citing these changed circumstances and how they affect the child, andif the judge agrees there has been a substantial change that impacts the child, the judge will then decide if changing the custodial arrangement is in the child’s best interest.
Child Support:
Child support is typically based upon the North Carolina Child Support Guidelines. To calculate child support, you will need: 1) Mother’s gross monthly income; 2) Father’s gross monthly income; 3) Children’s portion of the monthly health insurance premium; 4) Work-related childcare costs; and 5) any extraordinary expenses for the minor children (examples are items like medical treatments or therapies for special needs children). If either parent has other children in the home or for which he or she pays child support, adjustments for those amounts are included in the calculation as well. There are three different worksheets used in the calculation depending on the physical custodial arrangement (sole, shared, or split).
When minor children are involved in any legal matter, SLF will do everything possible to shelter them from the legal system. All of our attorneys are parents and we understand the stress our clients and their children are feeling. As your lawyers, we will aggressively attempt to negotiate a custody and support settlement upon your terms without the necessity of going to court. In the event a hearing is unavoidable, SLF has over 20 years of legal and financial experience to fight for you and your children.