Alternate Types of Child Custody

Although a joint custody agreement is usually the best path to take when this decision needs to be made there are other custody options available to you. A child custody attorney in Raleigh, at the family law attorneys at the Hilbert Law Firm will skillfully analyze your child custody needs and present you with options that will be in your child’s best interest. The two other forms of custody that are possibilities are sole custody and temporary custody.

What Is Sole Custody?

One alternative type of custody is called sole custody. This means one parent has complete responsibility for the physical and legal custody of the child. The other parent, referred to as the non-custodial parent, has limited rights concerning the child but may be granted visitation. Although this type of custody arrangement is not too common there are serious reasons why a court would grant sole custody to one parent over the other and they are:

• History of child abuse
• History of violence
• Substance abuse problem
• Charges of neglect towards child
• New partner who is incompetent 

In these situations any visitation between the non-custodial parent and the child will be supervised.

In some cases, if a court does grant sole physical custody, they will allow the parents to maintain joint legal custody and give the non-custodial parent significant visitation. To learn more about Raleigh shared custody click here: shared custody in Raleigh.

What Is Temporary Custody?

Temporary Custody is just what it sounds like.  Because it can often take many months to get into Court for a judge to hear a permanent custody cases, Wake County Family Court allows for a temporary hearing soon after the filing of the Complaint, wherein an adjudication of temporary custody is requested.  A temporary custody order is non-prejudicial to the permanent custody determination, however, the custodial schedule set forth will create a “status quo” for which good reason will have to be provided to the judge at a permanent hearing why that should be changed.

What is Emergency Custody?

In North Carolina, emergency custody may be requested and granted even prior to service of a Custody Complaint if the court finds that the child involved is exposed to a substantial risk of bodily injury or sexual abuse or that there is a substantial risk that the child may be abducted or removed from the State of North Carolina for the purpose of evading the jurisdiction of North Carolina.

If you think that your case may involve emergency custody, you should contact a custody attorney as soon as possible.

As you can ascertain, child custody decisions are extremely important and all options should be weighed carefully. Don’t allow stress and emotions to get in the way of making sound choices for the well being of your children. The Hilbert Law Firm is focused on providing you with the best legal options for your family and aggressively fighting on your behalf. Please call us in Raleigh to confidentially discuss the specifics of your case at 866-471-7275, or email us anytime.