Charlotte Family Law Blog

As part of a North Carolina child custody proceeding, a parent may allege that a son or daughter's safety is in peril while with the other parent. Upon hearing the allegation, a judge might take a series of steps to determine the validity of the claim. As part of the investigation, local authorities will likely contact a child's teachers, neighbors and others who interact with that child.

Parents are encouraged to present as much evidence as possible to verify their claims. For example, they could introduce text messages or other digital messages that contain abusive or threatening language. They can also submit witness statements or ask that witnesses testify in court about a former romantic partner's actions. Medical records might prove that a child has undergone emotional, physical or sexual abuse at the hands of a parent.

When parents in North Carolina go through a divorce, they could end up in a contentious custody battle as well. In some cases, a parent may allege that abuse has occurred. There are cases in which the other parent may counter this with a claim of parental alienation.

However, some experts say that there is no basis for the concept of parental alienation. It is based on the work of a child psychologist who saw a large number of child sexual abuse cases during custody battles in the 1980s and who theorized that mothers were inventing these allegations. Since then, parental alienation has become a gender-neutral accusation, but studies have found that the way those accusations are treated in court is not. One researcher who did the first-ever national study of parental alienation syndrome examined data on court cases from 2005 to 2014. The study found that mothers were less likely than fathers to win a custody case when they claimed parental alienation.

It is not uncommon for North Carolina parents who are denied physical child custody to be given visitation rights. Generally speaking, the law prefers that both parents have a relationship with their children. It is important to note that parents are not necessarily denied custody of their sons or daughters because they are bad people. Instead, a judge has decided that it's in the child's best interest to live primarily with one parent.

Visitation schedules can be as flexible or specific as necessary to serve the best interests of the child. For example, a parent may be granted the right to see a child over the weekend or certain nights during the week. However, it is also possible that a parent will be allowed to see a child for several weeks during the summer or during other school breaks.

Family law issues in North Carolina that involve child custody and visitation can be some of the most complicated issues that a court will face. These types of cases involve not only legal issues to address, but also the strained emotions and strong reactions that can occur when one party feels slighted over the other, or when one party believes that the wrong decisions on behalf of the child are being made, either by the court or the other parent. Our readers in North Carolina who are facing child custody and visitation issues in family law court should know their rights.

First and foremost, it is important to understand that the family law courts in North Carolina will be fixated on the "best interests of the child," which is a legal standard that can seem a bit nebulous and subjective. That is because it is. What is "best" for any given child will differ widely, depending on the unique family dynamics that are involved in the case.