Child Custody Workshop

Today’s video and related materials provide information about child custody and visitation.

Today’s video and related materials provide information about child custody and visitation.

Gather documents

Collect the information itemized in “Steps to Divorce” that you downloaded on Day 1.

Complete a custody notebook

Today you should download and begin answering the questions in our Child Custody Notebook, which helps us prepare for child custody litigation by learning what we need to know about your child(ren), their needs, your daily involvement in your children’s life, and the opposing party’s level of involvement. If child custody can be resolved without litigation, we will not need you to complete the custody notebook.

Keep a calendar and journal

Keep a calendar and after separation, highlight each day that you have an overnight with the minor child to document the status quo. Keeping track of the overnights is very important! You should also keep a journal documenting anything significant especially as it relates to problems with child custody, visitation, and your interactions with the opposing party.

Next steps for custody

Think about what custodial and visitation arrangement would work best for your child(ren). After a custody action is filed in most North Carolina counties, the parties are required to try and mediate. Attorneys do not attend the mediation. Read New Hanover County’s mediation information about child custody mediation and the local rules. Each county has its own local rules which you can find on the North Carolina Courts Web site. We encourage all of our clients to mediate and find a solution that is best for their child(ren). However, as explained in the video, we prefer to create a Consent Order with the outcome of the mediation rather than sign a “parenting agreement” at mediation. Therefore, we advise our clients to work out an agreement and let us finalize it.

Litigation

If litigation is needed, the first hearing will generally be a temporary custody hearing. In many counties, the parties can submit affidavits from family, friends, pastors, counselors, and anyone who has knowledge of the parties and their care of the children. Consider in advance who you would want to complete a sample custody affidavit and who would be a good witness for custody proceedings.