When a husband and wife separate and they have minor children, someone has to decide the custodial arrangement for the children. The parents can agree on the custodial arrangement or they can ask the Court to make the decision. The basic custody arrangements are joint (shared) custody, sole custody, joint physical and sole legal custody, and sole physical and joint legal custody. When you are faced with such a situation, call on Vrsecky Law Firm for an experienced child custody attorney you can count on in Winston-Salem, NC.
Legal custody refers to the parent’s ability to make major decisions in the child’s life. More often than not, divorced or divorcing parents are able to come to a voluntary, mutual agreement with regard to custody of their children. Child custody arrangements are often included as part of the parties’ separation agreement. If the parties choose to let the Court decide, the Judge will first require them to engage in mediation to see if they can resolve the issue without the Judge’s help. The child custody attorneys at Vrsecky Law Firm are here to assist you through this process.

If mediation is unsuccessful, the parties may move forward to a hearing. At the hearing the Judge must determine what is in the best interests of the minor child or children, taking into consideration all of the circumstances in the case presented by the child custody attorney. Call our Winston-Salem, NC law office today with any questions or to schedule a consultation.


Below are some questions that parties commonly ask when working with a child custody attorney. Feel free o call Vrsecky Law Firm at (336) 747-9800 with any other questions you still have unanswered.

Q: What is the difference between legal custody and physical custody?
A: Legal custody is the term used to describe allowing a parent to make decisions for a child regarding health, education, religion and other general welfare issues. In most cases, the parties are awarded joint legal custody, which means that both parties are awarded this right. Physical custody is the term used to decide where a child will reside. In most cases, sole physical custody is awarded to one parent and the child resides with that parent and has weekend visitation with the other parent. The Court may award joint or shared custody of the child, giving each party substantial time with the child.

Q: How does a judge make a decision about legal and physical custody? 
A: A judge will conduct a hearing where witnesses can testify. The judge will consider many factors in rendering a decision. These factors include, but are not limited to, the relationship between the child and each parent, the current custodial arrangement, each parent's ability to provide a loving and stable home environment, the physical and mental stability of each parent, any past or present actions of each parent that may affect the child, and any other factor that would affect the best interests of the child.

Q: What standard must the judge consider?
A: The judge must make a decision based on what the judge determines is in the best interests of the child.

Q: Can a child tell the Court which parent he or she wants to live with?
A: A child can't decide which parent he or she wants to live with. It is up to the Judge to make that decision taking into consideration the best interests of the child. However, the older and more mature a child is, the more weight a judge can give to the child's wishes.

Q: Can you settle the issue of custody with your spouse? 
A: Parents can always reach an agreement regarding legal and physical custody of their children. Parents often know what arrangement would be best for the overall health of their children. In fact, the law encourages this type of negotiation by requiring that the parties mediate the issue of custody with a third party before being allowed to seek a hearing in front of a judge.
For advice regarding divorce or family law, call 336-747-9800!
Share by: