In the most simple terms, it is the Court’s authority to dictate to two or more people a shared visitation schedule over a child, or multiple children. It’s not exclusive to parents and can extend to grandparents or other third parties (non-parents) under the right conditions.
How the Court orders it depends entirely on the cooperation of the adults involved. North Carolina requires Custody Mediation prior to any permanent hearing on custody of children. While there are limited exceptions to this requirement, the general rule applies to most families. That means all parties must attend several classes, and provide necessary information to engage with the designated county mediator. There are no attorneys in the room, there are no support persons. Just the parties and the mediator. The goal is to boil down exactly what that schedule should look like. If the parties can reach an agreement, the mediator will write it up in a “Parenting Agreement” and submit it for signature of the parties and then to the presiding judge. If the parties cannot settle, it goes to Court.
Court is where most people see themselves headed at the start of most cases. Any experienced attorney will tell you that it is and should be treated as your last resort. Rarely, if ever, will someone experience an “AH HA! GOTCHA!” moment in Court. In fact, Court can be exhausting emotionally, mentally, and financially all while still ending at a point that most parties walk away a bit annoyed because it was not what they wanted. It also ends with a person (the judge) who has likely never met anyone involved, doesn’t know the child’s favorite food, or biggest dream, deciding where that child will lay down each night.
An attorney that has gone through this process a number of times is needed to assist families through this process to help make the best decisions. Locker Law is led by Attorney Casey Locker; an experienced attorney that helps families navigate these issues with compassion and necessary reality checks along the way.
Your family isn’t the same as your neighbors. Your legal advice shouldn’t be either.