Charlotte Child Custody Lawyer

North Carolina law dictates the way your child custody case works. North Carolina, like most states, urges parents to come to a custody agreement before getting the court involved. However, this isn’t always possible. Child custody agreements involve a child’s general well-being, education, healthcare, religious activities, and recreational activities. Each agreement addresses a child’s and their family’s distinctive present and future needs.

Child custody agreements address physical and legal custody of a child after a divorce or separation.

• Physical custody refers to who provides food, shelter, and other daily needs for a child. The parent with physical custody shares the home with a child. In North Carolina, one parent typically has physical custody and both parents share legal custody.
• Legal custody refers to the parent, or both in joint custody situations, who make decisions about a child’s life. This includes deciding where they go to school, which doctor and dentist they see, if and where they attend religious services, and more.

Joint legal custody is always the preference for the court because, in the vast majority of cases, it’s best for the child if both of their parents have a voice. Judges rarely award sole custody to one parent unless evidence clearly shows a child has been abused or neglected by the other parent.  However, some circumstances call for one parent to receive full physical and legal custody. When one parent is unfit or neglectful or parents cannot agree on a custody agreement, North Carolina courts decide child custody cases according to the best interests and welfare of the child or children involved.

Grandparents’ Rights in Charlotte Child Custody Cases

North Carolina law provides rights for grandparents. If grandparents can show that both parents are unfit or have neglected the child, the court can award custody to them. Additionally, grandparents in North Carolina can fight for visitation rights if they can demonstrate their presence will serve the child’s best interests. This is especially true in ongoing custody disputes between parents when grandparents provide the stability that isn’t always there when parents are fighting.

Sometimes parents avoid hiring a child custody attorney and find themselves distraught when they do not get the outcome they want. A child custody lawyer advocates for you in multiple ways and helps remove the emotions as you work through your child custody issues, often resulting in a better outcome for everyone involved. Below are some common reasons parents hire a Charlotte custody attorney.

Endangered Children

An experienced custody lawyer can help if you believe your child is in danger because of an unsafe environment or hazardous living conditions in the other parent’s home. Your child custody attorney in Charlotte can help you determine the best course of action for your children. This might mean changing the current custody arrangement or seeking intervention from a Mecklenburg County court or a court in another nearby county. In the most serious cases, your lawyer might urge you to seek a protective order from the court to protect your child from the dangerous environment.

Other Parent Has a Attorney

Whether you are going through a divorce or you already have a custody agreement in place, it’s in your best interest to hire a Charlotte child custody lawyer if your ex or soon-to-be ex has an attorney. Letting an experienced custody attorney communicate with the other parent’s attorney protects your rights. Negotiating with the other parent’s lawyer can be dangerous because they are not looking out for your best interests and might be trying to obtain information to obtain a more favorable outcome for their client.

Circumstances Have Changed

After an initial custody agreement, things sometimes change for families. Maybe you or the other parent moved or got another job. Additionally, as children grow older they have more activities that can impact the custody schedule. Any major changes are grounds to revisit your initial custody agreement to adjust the amount of time each parent spends with a child, the specific schedule, and who has physical and legal custody. A Charlotte, North Carolina custody attorney can advocate for you to change your custody agreement or argue as to why it should not change if the other parent is requesting changes.

Other Parent Is Prohibiting Visitation

Whether or not you have a custody arrangement in place, you have the right to see your child, even if you were never married. If the other parent is violating an existing custody arrangement and will not let you see your child, a family law attorney can ensure the court enforces the arrangement. If you have no custody arrangement in place because you never married the other parent, a Charlotte child custody lawyer can help you put an agreement in place.