Mothers and fathers have equal rights under the law in North Carolina; however, in a custody battle, those rights may be modified by the court. Unfortunately, when parents separate, children are not able to live with both parents at the same time any longer. Children must split their time between parents either through joint custody or through a visitation schedule.
In situations where the parents can agree on a parenting plan that includes a mutual custody and visitation arrangement, the children benefit. However, this is not always the case. In some cases, parents battle for custody. When parents are in a heated custody battle because they cannot agree between themselves how to settle custody, the court determines which parent has legal and physical custody. If you are battling for custody, it is important that you do not make mistakes that could result in you losing your custody case.
As an experienced father’s rights lawyer, I have seen fathers make mistakes that hurt their custody case. Below is a list of things that you should not do when you are in the midst of a custody battle.
If You Are In A Custody Battle:
- Do not try to prevent your child from visiting with the other parent, even if you are owed back child support. Child support and visitation are two separate issues. You cannot deny visitation for non-payment of child support.
- Do not make any major decisions regarding your child without first discussing those decisions with your child’s other parent unless you have a court order granting exclusive legal custody or express permission to do so.
- Do not say anything negative about the other parent to your child or in front of your child. Never post anything negative online about the other parent. The attorney for your ex-partner may be able to access this information to use against you during the custody case.
- Do not introduce your child to anyone you are casually dating and do not have overnight guests when you have your child in your home. In addition to being harmful for your custody case, you should only introduce children to people you are having a serious relationship with to prevent your children from becoming attached to someone who may only be in their life for a short time.
- Do not drink alcohol to excess when your child is with you. Never drink and drive with or without your child in the vehicle.
- Never use illegal drugs. An arrest while you are in a custody battle is very damaging to your case.
- Do not discuss the custody case in front of or with your children. If your child seems upset about the situation, consult with your ex-partner about seeking a counselor or therapist to help your child during this difficult transition.
- Do not schedule activities or events that conflict with the other parent’s time with your child. Discuss the conflict with your ex-partner in advance to work out a solution when you have a conflict that cannot be avoided.
- Do not cancel visitations with your child. This hurts your custody case but, more than that, it hurts your child.
- Do not take advice from family or friends. You should always follow the advice of your attorney. Your attorney has your best interest and the best interest of your child as his top priority. Furthermore, he understands North Carolina custody laws.
Always Consult Your Attorney Before Doing Anything
If you are in doubt, call your attorney. It is better for you to ask your attorney for guidance if you are unsure about something you are about to do rather than learn later that you made a costly mistake. As a parent, you only want what is best for your child. You take steps to ensure that your child is healthy, safe, and happy. During a custody battle, it may be difficult to know what direction you should take. Your attorney can provide guidance and support as you go through this difficult time in your life.
Contact an Experienced Jacksonville Father’s Rights Lawyer
Welch and Avery represents clients throughout Duplin County, Onslow County, and the surrounding communities. Call our office at (910) 665-9134 or contact us online today for a case evaluation.
Our father’s rights lawyer is here to help you if you believe your rights are being denied as a parent. North Carolina law does not assume the mother is always right or is always the best parent to have custody. Consult with our father’s rights lawyer to discuss your legal rights regarding custody, visitation, and child support.
Latest posts by Trevor Avery (see all)
- Parenting Rights Lawyer Discusses Rights of Unmarried Parents - December 12, 2016
- Can a NC DWI Effect My Custody Case? - December 11, 2016
- Consult with a NC Child Custody Attorney Before Relocating - December 11, 2016