In the event you are unable to come to an agreement on custody, your remedy lies with the court system. In North Carolina, one must file a Complaint for Custody (along with many other legal forms) in order to gain access to judicial intervention in the custody of children. This is the typical “next step” in the event the parties through their respective attorneys, have been unable to agree and a dispute over custody still exists. Once that is filed, each party goes through a process which differs slightly depending on local rules and jurisdiction, however all that remain in dispute will ultimately end up before a Judge. Jury’s do not determine the custody of children. The Judge in North Carolina will evaluate the evidence according to the standard of “best interest of the children” and, in theory, the Judge, after hearing all of the evidence will craft a custody arrangement that is most beneficial for the child. In practice, all any Judge can do is make decisions based upon what they heard and saw in Court. You have one chance, one trial, to show the Judge everything about you as a parent and the future you have in mind with the children.
This is where it is absolutely essential to have an attorney skilled in the art of presenting your side of the case in a fashion that will convince the Judge that YOU are the most responsible parent, and that YOU are in that child bests interest. We work with each client before trial to determine exactly what we want to Judge to do, and then we develop a strategy to convince the Court to do it.
At Doyle and Doyle, we have boiled our trial process down to 3 essential steps in PREPARING FOR A CUSTODY TRIAL:
Our custody attorneys can help. Just call 1.888.600.8834 or click here to discuss your custody case.