For many people, divorce is frightening because they don’t know what will happen. If they don’t have a marital agreement with their spouse, then there are a lot of questions about what might happen to their house or other assets. If they have children, trying to address custody issues will often cause a lot of strain between the divorcing spouses.
Usually, couples will share custody, meaning that their children will move back and forth between their homes with each parent playing a partial role in providing for the needs of the children.
Not every family would benefit from shared custody. If you want to divorce your ex because they have a violent temper or a history of addiction, then you probably also worry about them having time alone with your children. Will the North Dakota courts potentially agree to give you sole custody?
You can set any terms you want in an uncontested filing
If you want sole custody of your children and your ex doesn’t want the obligations that come with parenting time, you could reach an agreement before you file for divorce.
Provided that you have everything laid out in writing, including your decision to assume sole custody over the children, you don’t have to give the courts any authority to make decisions about your children. The judge can approve your uncontested arrangements including your sole custody agreement.
You can convince the courts it would be better for the children
In North Dakota, the main concern that influences how a judge splits up custody is the best interests of the children. Judges want to help them cope with the stress of divorce and help them maintain their relationships with both of their parents.
However, when there is clear evidence that one parent does not have a strong bond with the children or does not act in their best interests, the courts may agree to limit their parental rights. If you can show that your ex has engaged in abusive behavior or otherwise endangered your children in some meaningful way, a judge may agree with you that fully shared custody would not be beneficial for your children given the situation.
Claims alone won’t be enough to resolve the matter. You will usually need corroborating evidence, like cell phone pictures of bruises or police reports to influence the outcome of the custody proceedings. Learning about how North Carolina handles child custody matters can help you set and achieve realistic goals in your divorce.