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Our practice is limited to residents of Guilford, Davidson
and Randolph counties in North Carolina.
The information contained in this site is limited to North
Carolina law, and is for information purposes only.
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CHILDREN
Make sure you are fully aware of the regulations
regarding child custody and child support
before proceeding.
Contact our office for a Consultation Appointment
CUSTODY: MAINTAINING A
HEALTHY RELATIONSHIP
Child custody can be a complicated and highly
emotional issue for all those involved. Many changes
occur when parents who once parented in the same
home are now trying to parent in two homes. The
ability of the parents to work together for the
benefit of their children is the best indicator of
whether the children will successfully transition to
being parented under two roofs. "The Co-Parenting
Survival Guide" by Elizabeth S. Thayer and Jeffrey
Zimmerman is an excellent resource for any parent
who wants to improve their co-parenting skills.
The children who do well after divorce have parents
who communicate effectively and collaborate as
parents. A way to assist children's transition into
their new living situation is to repeatedly tell them
that the divorce is not their fault. Explain to the child
what will and will not be different as they make the
transition. This must be done in a positive and non-
accusatory manner to minimize a child's adverse
reaction. This information is best in small amounts
and repeated over days and weeks, as the child may
be in a state of emotional distress and feel over-
stimulated. It is critical to listen to the child,
acknowledge their feelings and reassure them they
are loved.
The conflict children are exposed to during and right
after their parents stop living together is critical to
their adjustment. Both parents need to maintain a
solid, positive relationship with their children and
continue to be involved in their life. Parents are their
children's role models. Children learn how to
interact in relationships based on what they observe
around them. If their parents succeed in maintaining
a positive relationship, children will mimic this in
their own life and have positive relationships.
There are several ways to maintain a positive
relationship with the other parent. Avoid using
negative statements about the other parent in the
presence of the children. Remove the children from
the presence of any 3rd party making negative
statements about the other parent. Remember the
walls have ears. Children listen to adult
conversations. Know what is being said around the
children and the volume of the speaker's voice if the
children are nearby. Do not ask the children to relay
messages to the other parent on your behalf as it
places children in the middle. Communicate directly
with the other parent. Email and text messages are
an efficient way to discuss concerns when face to
face conversations are difficult. Exchanges of the
children are not the time to discuss custodial issues.
Communication with the other parent should be
done in a businesslike manner. Imagine that the
other parent is a co-worker and that you are in the
business of raising healthy, well-adjusted children. A
simple trick to appropriate communication is
avoiding the word "you". The word "you" places
blame on the other parent. It makes them defensive
and less likely to listen to the concerns expressed.
For example, instead of saying "Johnny came home
crying yesterday; what did you do?" say "Johnny
came home crying yesterday; what happened?"
Keep emails and text messages short. Use bullets if
necessary for organization. Do not send multiple
emails in one day. The other parent will become
frustrated and may not respond if they perceive it as
harassment. Try to consolidate the messages and
delete any unnecessary emotional sentences that
may come across as hostile. WhatsApp is an
excellent app to use for text communication because
the user can easily print a history of the messages in
lieu of using screen shots and the messages tend to
be short.
Children's schedules become complicated as they
age. Attempting to coordinate their schedules
when they live in two homes is not impossible, but
can be difficult. Online shared calendars are the key
to avoiding confusion and keeping everyone on the
same page. Cozi.com, 2houses.com,
OurFamilyWizard.com and Google all have online
calendars that can be utilized for this purpose.
Do not engage with the other parent if they are
being unreasonably hostile and aggressive. Silence
is the best defense to stupidity. If a message
contains legitimate concerns among other
unwarranted statements, highlight the fair concerns
with a highlighter. Only respond to the items
highlighted. Last, do not respond to messages when
exhausted and/or emotional. Give yourself time to
calm down, so nothing is said that will be regretted
later.
GUARDIAN AD LITEM
A Guardian Ad Litem (GAL) can be used if the Court
wants more information to make a custodial decision
and can assist the Court in understanding the
children's position without the need to bring the
child to Court to testify. In North Carolina, there are
three different types of Guardians Ad Litem. The
three types of GALs are 1) children's attorney 2)
best interest attorney and 3) court-appointed
adviser.
A GAL children's attorney "provides independent
legal representation in a traditional attorney-client
relationship, giving the child a strong voice in the
proceedings."* The attorney serves as an advocate
for the child's wishes and owes the child the duty of
loyalty, confidentiality and competent
representation.
The best interest attorney "independently
investigates, assesses, and advocates for the child's
best interests as a lawyer."* The attorney's
judgment is substituted for that of the child. They
must protect the best interest of the child; however,
they are not bound by the objectives or directives of
the child.
The last and most common GAL is a court-appointed
adviser. This role differs significantly from the
children's attorney and the best interest attorney.
The Court appointed adviser is not acting as an
attorney. Their job is to investigate the custodial
situation and report back to the Court (typically by
written report) their findings and recommendations.
A court-appointed adviser does not have the duty to
maintain confidentiality and will report relevant
information obtained from witnesses, the parents,
and the children when making their
recommendations and findings.
*Source: 2012 Formal Ethics Opinion 9 of the North
Carolina State Bar
PARENTING COORDINATOR
Several tools can assist high conflict families meet
the needs of their children. Parenting Coordination
is a tool that can be used if a custody order is in
place.
A Parenting Coordinator (or "PC" for short) is a
person with specialized legal and/or mental health
training whose goal is to help high conflict families
with issues regarding custody and parenting. The
focus of the PC is to help the parents in these
families comply with the custody order and make
parenting decisions in the best interests of their
children.
The PC process provides education, mediation, and
if the parents cannot agree, a decision. A PC is often
used when a family has been identified as a high
conflict family. The family characteristics that create
a need for a PC include excessive litigation, anger
and distrust between the parties, verbal abuse,
physical aggression or threats of physical
aggression, and difficulty communicating about and
cooperating in the care of the children.
A PC can make minor and/or temporary changes in
the custody schedule. They can modify transitions
and exchanges of the children for visitation. A PC
can assist in health care management for the
children and child-rearing issues. They can
recommend mental health assistance for the
children and their parents. Other areas a PC can
assist in include educational decisions for the
children, daycare arrangements, and extracurricular
activities. PC's do not handle financial issues (unless
the parties mutually agree).