Temporary Parenting Arrangement in North Carolina
Today’s blog focuses on the North Carolina temporary parenting arrangement. One of the most frustrating aspects of family law to everyone involved has to be Child Custody. This is due to the nature of the legal proceeding and what is at stake. In North Carolina, an action for permanent child custody can take a very long time to resolve. Keep in mind that, by its very nature, a child custody action is a combative proceeding with the two parties wanting conflicting things.
Typically, while the child custody action is pending, the parents stick to whatever visitation arrangement they had before. Sometimes however, the parents are unable or unwilling to come to an understanding, and they must have the court’s involvement to resolve their differences prior to the formation of a permanent custody order. This is where a temporary parenting arrangement would come in.
What is a temporary parenting arrangement?
A temporary parenting arrangement is an order by the court giving guidelines for custody and visitation that the parents have to follow. The difference between this and a custody order is that this is a temporary solution for parents that are awaiting their custody matter to be resolved. The temporary parenting arrangement is in effect only until the hearing or decision regarding child custody is made.
How do I get a temporary parenting arrangement?
In order to get a temporary parenting arrangement, you must make a motion for one while you are in the middle of a child custody action. What you would be asking for specifically is a hearing on the matter so that you can present your case before a judge. It is solely in the judge’s discretion whether or not you will even get a hearing for this. The judge has the power to deny this outright. In such a case, you would be forced to wait until the child custody action comes to a conclusion. A child custody action typically concludes by means of a trial or consent by the parties involved.
If you have a trial for child custody already scheduled for some reasonable future date, the judge will often reject the request for a hearing for a temporary parenting arrangement because it would not be an efficient use of the court’s time to basically hear the same thing twice in a short amount of time.
What is the likelihood of me getting a temporary parenting arrangement?
A temporary parenting arrangement is not something that people in a child custody dispute are automatically entitled to. It is a tool that is used when it is actually needed. It does not even have to be considered by a judge. The likelihood of getting a temporary parenting arrangement is very fact specific and is hard to predict.
If you are in need of a family law attorney, contact Gilles Law. We handle divorce, custody, child support, adoption, and other family law matters in Charlotte, North Carolina and the surrounding areas.