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Probably. NicholsonPham understands that the definition of family is changing and that children are often being raised in households where one or both biological parents are absent. We have represented numerous people such as neighbors, friends, same-sex partners and grandparents to establish and protect their rights to custody over children that they love and care for. Every case is slightly different and we invite you to call NicholsonPham for a confidential initial consultation to talk about the facts of your situation.

The physical custody of a minor child refers to which person has the child in their home at a time – the physical care and supervision of the child. Often physical custody is shared between parents and it is common for the court (or the parties) to decide which person will have physical custody of the child on special occasions, such as Mother’s Day, Father’s Day, and holidays. Legal custody refers to the right to make important decisions for the minor child that have important and long-term consequences – such healthcare, schooling, discipline and religious training of the child. It is presumed that parents will share legal custody, although that’s not always the case.

In North Carolina, there are two ways to be a legal parent – either by being genetically linked to the child or by adopting the minor child. It’s one of the reasons that the attorneys at NicholsonPham urge parents who are not genetically related to adopt their children. This is true, even if your name is on the birth certificate! 

Temporary child custody is usually decided by a judge (or agreed to by the parties) within a short period of time after someone files for a custody lawsuit. A temporary child custody agreement is not immediately appealed and does not determine the outcome of a child custody decision. Permanent custody is decided (or agreed to by the parties) as the permanent solution for how the parties will raise and care for the minor children. In some circumstances, a temporary order can become permanent.

The caseloads for domestic court are very heavy. When you speak with an attorney at NicholsonPham for an initial consultation, we will discuss with you how quickly you may be able to present your case in front of a judge.

It depends on the judge and the case. Many judges try to keep children, especially young children, out of the courtroom. The rules do allow children to testify if they understand the obligation of testifying truthfully under oath. There is no hard and fast rule about how old a child must be before testifying. But, generally if a child testifies, the judge may require the child to testify in chambers to avoid a child having to be on the witness stand in front of a crowded courtroom.

Another possibility is to appoint a Guardian ad Litem for the minor child, who will be able to testify as to the child’s best interest and wishes.