We know that as a parent, your child is your top priority. At Dobson Law, just as we will fight to protect you and your rights, we will fight wholeheartedly to protect the rights of your children. We understand the importance of having a written custody agreement to preserve the arrangement you have come to with their other legal guardian.
Every parent has a constitutional right to custody of their child. Courts almost always allow some exercise of the custodial rights when a fit parent wishes to exercise those rights. Yet, parents must be aware that the Court does take into consideration actions that are contradictory to those rights.
There are four words that are consistently misused or misunderstood in child custody cases: primary, joint, physical, and legal. In simple terms, Primary Physical Custody means that the majority of the time the child resides with one parent/guardian. Joint Physical Custody means that both parties have the right to keep the children in accordance with an agreement. Primary Legal Custody means that one parent has the primary right to make decisions regarding the children. Joint Legal Custody means that both parties are to reach an agreement regarding legal decisions involving the children. This could include which school to attend, medical treatment, or other similar issues. Often when the parties are not able to reach an agreement, one party may have the right to make the decision when an impasse occurs.
At Dobson Law, we understand the intricacies of child custody. We strive to ensure all of clients understand their rights, and the rights of their children as well. If you need help with child custody, please give us a call at 919-591-2240. We will set a free 30 minute consultation with one of our attorneys.
Being a military family can drastically complicate child custody. The most common questions we hear are:
- We live in State A, but my home of record is State B, who has jurisdiction?
- My spouse want to take the children to another state, because they know I can’t fight custody there?
- What happens if I deploy?
- My spouse filed while I was deployed, what do I do?
There is a law called UCCJEA that dictates how jurisdiction of a child is determined. While there are dozens of factors that are weighed in the determination, a major factor is where the child has resided for the previous six months. What this means is that one spouse can rarely take the children across state lines and file for divorce and custody of the children in that state. If a spouse files while you are deployed, there is a federal law that prevents the judge from entering a default judgement against you when you cannot attend the hearing, because of military obligations.
Here at Dobson Law, as a retired military member, I understand the complexities that are associated with custody and being in the military. That is what makes us the right firm for you.