Child Custody and Support Lawyer Guiding You Through Life’s Most Important Decisions

Child custody and child support are the most difficult issues for most divorcing parents. These child-centered issues raise questions about what kind of parenting your kids deserve.

Our child support and custody lawyer at Tortora Family Law has built a career helping people in Raleigh and The Triangle who are facing divorce and family law challenges. Child support and custody attorney Carrie Tortora uses her understanding of North Carolina law and her detail-oriented service. She provides the information her clients need to make informed decisions.

The Best Interests Of The Child

How courts make decisions about custody is one of the most important pieces of information to parents. The guiding principle behind any and all custody decisions is the best interests of the child. This is defined in North Carolina as:

• The child’s physical health
• The child’s mental health
• The safety of the child’s environment
• The possible risks of exposure to violence or drug abuse

During the proceedings, if evidence of neglect is found, it can influence the custody proceedings. Generally, what the state sees as “best” for the child is a form of shared or joint custody between both sides, where the child lives for some time with both parents and both parents have equal input on decisions.

Child Support Is Based On The Numbers

Unlike child custody decisions, which rely on subjective factors, child support is based on the numbers. The court enters the income and resources of both parents into an equation, which then determines the appropriate level of child support.

However, child support is not without some variance. Child support attorney Tortora knows the legal side and the numbers side and can guide you with skill and confidence.

What Is Child Custody In North Carolina?

Child custody in North Carolina is the legal and practical relationship between a parent or guardian and their child, especially regarding rights and responsibilities.

When parents are separated or divorced, the court determines who will have custody of the child, focusing on the child’s best interests. The court considers various factors, such as:

• The child’s physical, emotional and educational needs
• The relationship with each parent
• The parents’ ability to provide a stable environment

Child custody decisions are made with the primary aim of ensuring the child’s well-being. North Carolina recognizes that, in most cases, children benefit from maintaining a relationship with both parents.

So, custody arrangements are structured to encourage ongoing contact with both parents whenever possible, as long as it aligns with the child’s best interests. Custody orders can be modified over time as circumstances change, such as changes in a parent’s living situation or the child’s needs.

Types Of Child Custody In North Carolina

Different types of child custody arrangements can be tailored based on the family’s unique situation in North Carolina. Each type of custody arrangement comes with varying levels of parental involvement and responsibility.

• Joint custody: Both parents share decision-making responsibilities regarding major aspects of the child’s life, such as education, medical care and religious upbringing.
• Sole custody: One parent has the exclusive right to make important decisions about the child’s life. This is usually awarded in cases where the court believes joint custody would not be in the child’s best interest, such as in situations involving abuse or neglect.
• Physical custody: This is where the child will primarily reside. The parent with physical custody provides the day-to-day care and stability for the child. The other parent may receive visitation rights or share physical custody, depending on the arrangement.
• Legal custody: This is for a parent’s right to make major decisions for the child, including decisions about education, health care and religion. This can be granted solely to one parent or shared between both.

Choosing the right custody arrangement requires careful consideration of the child’s needs, parental dynamics and long-term stability. A child custody lawyer can help.

Modification Of Child Custody And Support

A child custody or support order that is issued during a divorce may need to be modified in the future. This can be done, although it is important to take the correct legal steps to get an official modification. Neither parent should ever violate the order on their own.

The court may want to see the grounds for modification that show it is necessary to change the order. Potential grounds include:

• A significant change in circumstances, such as remarriage, a job change or relocation to another state or another country.
• Evidence of parental neglect or misconduct, including parental abuse.
• If the child has a specific preference. Often, the court will only consider the child’s preference if it deems them to be of sufficient age and maturity to understand the decision they’re making.

Having to change custody arrangement details is fairly common. After all, a custody order issued when a child is very young may have to last for almost two decades after the divorce. Custody and support needs when a child is an infant are much different than when that child is in high school. Parents’ own circumstances can change significantly over time as well, such as if they get remarried and take on new obligations, like children born in the second marriage. It’s important to know exactly what legal steps to take to modify custody appropriately.

Enforcement Of Child Support Orders

In some cases, a parent who has been ordered to pay child support will fail to do so, and the other parent needs to know how to enforce child support orders or seek back child support for payments that were missed. It’s important for parents to remember that they should never violate custody or visitation orders, even in an effort to get the other parent to pay. Instead, they need to approach the court to have the order enforced.

The court has various legal tools that can be used to this end. For instance, if the non-paying parent is found to have willfully violated the order, the court may order that parent to go to jail until support is paid. In some cases, the court can also garnish that person’s wages. This is an effective tool because the money is removed from their paycheck directly, so payments can still be made even when the other parent remains uncooperative. It’s crucial to know exactly what legal steps to take.

Get Answers At Tortora Family Law

Issues with your child’s care are the last things you want to have any uncertainty about. Attorney Carrie Tortora will answer your questions and remove your fear of the unknown. Call for a meeting today at or send an email using this form and speak with our experienced child custody and support lawyer today.