Parenting Time/Visitation

When parents separate, one of the most critical issues to resolve is how each will continue to spend time with their children. This arrangement, legally known as “parenting time” in North Carolina, ensures that children maintain meaningful relationships with both parents. Previously referred to as “visitation,” parenting time is a fundamental component of a child custody order that outlines the schedule each parent has with the child.

Navigating the complexities of these arrangements can be stressful, but you do not have to do it alone. At Waple & Houk, PLLC, our experienced family law attorneys help families establish fair, balanced, and amicable parenting time schedules that prioritize the well-being of the children involved.

What is the “Best Interests of the Child” Standard?

In North Carolina, all custody and parenting time decisions are guided by a single principle: the “best interests of the child.” This legal standard requires the court to prioritize the child’s well-being, happiness, and safety above all else. When determining parenting time for a non-custodial parent, a judge will consider several factors to ensure the arrangement supports the child’s development.

The court aims to create a schedule that fosters a strong, healthy relationship between the child and both parents, as long as it is safe and beneficial to do so.

How Can a Non-Custodial Parent Get Visitation Rights?

If you are a non-custodial parent seeking to establish your legal right to parenting time, there is a formal process you must follow. Securing a court order is essential for making your parenting time arrangement legally enforceable.

1. File a Petition: The process begins by filing a formal complaint for child custody or visitation with the court in the appropriate county. This document officially starts your case and outlines your request.
2. Attend Mediation: North Carolina law requires most parents in contested custody cases to attend mediation. This is a confidential process where a neutral third party helps you and the other parent try to reach a mutually acceptable agreement without going to court.
3. Present Your Case in Court: If mediation is unsuccessful, your case will proceed to a hearing before a judge. Here, you will present evidence to support your request, which might include your own testimony, witness statements, and documents demonstrating your ability to provide a safe environment for your child.
4. Comply with the Court Order: Once the judge issues a parenting time order, it is legally binding. You must adhere to the schedule exactly as outlined.

Can a Visitation Order Be Changed?

Yes, parenting time orders can be changed. North Carolina law recognizes that families’ circumstances evolve over time. However, to modify an existing custody or visitation order, you must prove that a “substantial change in circumstances” has occurred since the original order was entered and that a modification is in the child’s best interest.

Situations that might warrant a modification include:

• A parent relocating a significant distance
• A change in a parent’s work schedule that impacts their availability
• The changing needs of the child as they get older
• Concerns about the child’s safety in one parent’s care

It’s important to note that no custody order is ever truly “permanent.” They can always be reviewed if circumstances change significantly.

Understanding Custody in North Carolina and Its Impact on Parenting Time

In North Carolina family law, the term “custody” encompasses two distinct types, both of which significantly influence parenting time arrangements:

• Joint Legal Custody: This grants both parents shared authority and responsibility for making crucial decisions regarding their child’s upbringing, such as those involving education, healthcare, religious instruction, and extracurricular activities. While joint legal custody ensures both parents have a say in these significant matters, it does not dictate the specific schedule of when the child resides with each parent. Instead, it focuses on the shared decision-making power that underpins the child’s overall welfare.
• Joint Physical Custody: This refers to the arrangement for the child’s actual residence and the division of time spent with each parent. In North Carolina, while “joint physical custody” often implies a relatively balanced division of time, the specific schedule can vary greatly depending on the child’s needs and the parents’ circumstances.

It is important to recognize that while joint legal custody establishes who makes the decisions, it is joint physical custody that directly outlines the parenting time schedule – detailing when and where the child will be with each parent. These two forms of custody, though distinct, are frequently granted together, allowing both parents to actively participate in both the major decisions and the daily care of their child. The specific arrangement of physical custody (parenting time) will be carefully determined to serve the child’s best interests, ensuring stability and consistent involvement from both parents.

Let Us Help You Protect Your Time

Establishing a fair and consistent parenting time schedule is vital for your child’s stability and your relationship with them. The legal process can feel overwhelming, but the dedicated family law attorneys at Waple & Houk, PLLC are here to guide you. We are dedicated to advocating for your rights and pursuing solutions that prioritize your child’s well-being. Reach out to us today to discuss how we can support your family’s needs.