Child custody is one of the trickier aspects of divorce, mostly because as stated on the website of Marshall & Taylor PLLC it has an enormous impact on the children. Under normal circumstances where the couple is the natural or biological parents of the child, North Carolina divorce courts would grant custody to the parent who has the capacity to serve the best interests of the child.
However, there are circumstances that are not normal. For example, there may be cases where only one parent has biological ties to the child, but the non-parent is the primary caregiver. If both parties are seeking custody of the child, how will to court decide to which parent it will be granted?
The primary concern of any court in the US is the best interest of the child, but this is interpreted in different ways depending on the state. In North Carolina, for example, they rely on what is called the Petersen Principle in which the courts ruled that the constitutional right of a biological parent to the care and custody of their children under the Fourteenth Amendment supersedes all other considerations that may make a non-biological parent a better candidate except where the biological parent proves to be unfit.
It is not at all easy to prove a parent is unfit, however. If you are in the midst of a divorce and you believe that the children of your future ex-spouse would suffer from being in his or her sole custody, as a non-biological parent you will have to prove that your ex-spouse is an unfit mother or father before the court in North Carolina will consider your petition. You can accomplish this much more effectively if you consult with an experienced divorce lawyer in your area that will have the resources and knowledge to build a case against your ex-spouse.Read More