A family law attorney in Charlotte, NC, assists clients who want to have full custody of children after a divorce. Family courts encourage divorced parents to share in the decision-making process for children even if one parent has full-time physical custody. Total full custody, however, means the noncustodial parent does not have any say in decisions involving the children. It is less common for one parent to be granted this type of legal custody.
It is easier for a parent to get full physical custody than full legal custody. A judge reviews the petition and determines what is in the best interests of the children. Low income or a lack of assets on the part of one parent is not an issue, since the noncustodial parent would be required to pay child support to make the living environments more similar than might otherwise be the case. He or she might even be required to pay spousal support, at least temporarily. Instead of looking at income levels, judges consider factors such as which parent will be able to spend more time with the kids. They review issues such as whether the children are happy with the schools they attend and would need to change school districts if they lived with the other parent. This is different than gaining full legal custody, however.
One strategy a family law attorney in Charlotte, NC, may use in petitioning for full legal custody is to provide evidence that the ex-spouse is an unfit parent. That isn’t always necessary, however. The lawyer may be able to convince the court that actual full custody would be in the best interests of the children. The other parent can still have visitation rights, although unsupervised visitation may not be allowed if he or she is deemed unfit. In determining whether one parent should have full legal custody when the two spouses are in dispute over this issue, a judge considers factors such as whether the other parent has a history of substance abuse or uncontrolled mental illness. A law firm such as Conrad Trosch & Kemmy relevant evidence to support the petition. Visit their website for information on this particular firm.
