Rights of Military Spouses in North Carolina Reports Raleigh Child Custody Lawyer

Raleigh, NC – Several North Carolina and Federal laws provide extra protections for individuals who are in the military. These protections are especially important when addressing child custody and divorce issues.

North Carolina has adopted the Uniform Deployed Custody and Visitation Act which, among other things, prohibits the court from using a parent’s past deployment or possible future deployment as the sole basis for deciding child custody. The Act also provides a quicker process for courts to address the custodial issues of a parent who is preparing for deployment. If a custody action is filed prior to deployment, the matter is given an expedited hearing.

The Act also allows parents to address custodial issues arising from deployment by a special, temporary agreement or contract. This agreement must be in writing, signed by both parents, and filed with the court; it will automatically expire upon return of the deployed parent. In the agreement, the parents can allocate caretaking authority to a nonparent, which means another family member of the deployed parent could exercise the custodial or visitation time normally afforded to the deployed parent. The parents can also agree to allow electronic visitation between the child and the deployed parent.

With regards to divorce, a military spouse could delay the proceeding under the Service Members Civil Relief Act (SCRA). SCRA applies to any individual who is called to active duty for more than 30 consecutive days. Under SCRA, when a lawsuit is filed against a deployed spouse, and the deployed spouse has never made an appearance before the court, the court may not enter a default judgment against the deployed spouse without first appointing an attorney to represent him or her. A “default judgment” means any ruling or decree that is adverse to the deployed spouse’s interest, including a divorce judgment. If the deployed spouse has made an appearance, he or she could still ask the court to suspend the proceedings for at least 90 days, or reopen the judgment for further action within 60 days upon his or her return from deployment.

About Jonathan Melton, Associate

Jonathan S. Melton joined Gailor Hunt Jenkins Davis & Taylor, PLLC in 2013. Prior to joining the firm, he served as a judicial law clerk for the Honorable Richard A. Elmore of the North Carolina Court of Appeals. During his time at the court, Jonathan researched a variety of family law cases and applies this extensive knowledge to each matter he handles at the firm.

About Gailor Hunt Jenkins Davis & Taylor, PLLC

Founded in 1994, Gailor Hunt Jenkins Davis & Taylor PLLC is one of North Carolina’s most accomplished firms practicing exclusively in the areas of family law and domestic relations litigation.

Media Contact

jmelton@ghdivorcelawyers.com

(919) 832-8488

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Raleigh Divorce Lawyer Explains Custody: Legal vs. Physical

RALEIGH, NC / ACCESSWIRE / November 5, 2014 / In the United States today, approximately fifty percent of all marriages end in divorce. This increasing number of failing marriages gives rise to the need for divorcing parties to deal with a number of extremely sensitive, difficult and emotional issues, one of the biggest issues being custody. In North Carolina, custody is based upon what a Judge finds to be in the “best interests” of the minor children. The “best interests of the children” standard is described by North Carolina courts as the “polar star” for determining custody.

In North Carolina, custody is comprised of two concepts: physical custody and legal custody. It is important for separating parents to understand the differences between these two types of custody and how they might impact a party’s parental rights:

• The term “physical custody” describes the actual amount of custodial time that a parent spends with his/her children. Physical custody may be shared equally or divided between the parties. Often one parent will be awarded “primary custody” of the children, meaning that parent has the children in his or her custody greater than fifty percent of the time, and the other parent is awarded “secondary custody” of the children, meaning that parent has custody of the children less than fifty percent of the time. In rare instances, a Court may award sole physical custody to one parent and strictly limit and/or prohibit the other parent’s visitation rights with the minor children.
• The term “legal custody” describes the decision-making ability parents have regarding their children. Like physical custody, legal custody may be shared equally between the parties or one party may have sole decision-making authority. Legal custody addresses the ability of parents to make important life decisions for their children. These types of decisions include but are not limited to those regarding health/medical, education and religion. Most often legal custody is shared equally between parents. This means that neither parent may unilaterally make major decisions for a child without first discussing and reaching a mutual agreement with the other parent. Although shared legal custody is typical in custody cases, there are instances where a Court may find that it is in a child’s best interest for one party to have sole legal custody. A parent who has been awarded sole legal custody is entitled to make the major decisions for a minor child without involvement from the other parent.

If you are thinking about or are currently involved in a dispute involving the custody of minor children, it is important that you seek the advice of a family law attorney who can more fully explain the intricacies of North Carolina law and how your case may be affected.

About Gailor Hunt Jenkins Davis & Taylor PLLC

Founded in 1994, Gailor Hunt Jenkins Davis & Taylor PLLC is one of North Carolina’s most accomplished firms practicing exclusively in the area of family law and domestic relations litigation.

Media Contact:

Tracy M. Cook

(919) 832-8488

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from GWH Divorce Lawyers