Child Custody Lawyer
Child custody can become an emotionally charged issue in divorce. You need a top child custody lawyer to represent each parent so that they can efficiently work through any conflicts that involve the custody of their children. If you are currently in a child custody dispute, call us at 704-243-9693 today!
The Cox Law Firm will handle your case with sensitivity and respect. We understand that nothing is as important to you as your children, and we will fight hard to protect them and your relationship with them.
Who Decides on Child Custody in North Carolina?
Both parents may agree on custody arrangements. In cases where father and mother do agree, the terms of custody are recorded in a written agreement, or in a Consent Order filed with the Court.
If both parents cannot agree on child custody, the judge will make a decision in a court hearing. Until a final settlement agreement is reached, or a judge makes a ruling on the custody case, both parents have equal rights to the physical possession of each child of the marriage.
Legal custody in NC may be awarded as sole custody, or joint custody:
- Sole custody: One parent has absolute authority to make decisions for the child, and has primary physical custody of the child. The custodial parent does not need the other parent’s consent on matters affecting the child.
- Joint custody: Both parents share the decision making power, and both parents share in physical custody of the children (which may not always turn out to be equally shared physical custody.) This is the most common form of custody arrangement. Successful joint custody is dependent upon both parents striving to communicate and cooperate in parenting efforts for the benefit of the kids.
North Carolina Child Custody Lawyers Cox Law Firm 704-243-9693
Visitation rights in North Carolina custody cases apply when one parent is granted primary custody. Unless a history of abuse or neglect exists, the non-custodial parent has the right to visitation with the child or children. Visitation arrangements can be very structured to highly flexible.
As a child custody lawyer, a child support attorney and a Charlotte alimony support lawyer Cox Law Firm will help you navigate the difficult, frustrating and often scary child custody process.
How Is Child Custody Determined?
North Carolina courts use the best interest of the child test in determining child custody. A judge will stress the importance of children sustaining a healthy relationship with both parents, unless a risk of harm to the child is present.
Relevant factors which have to do with the child will be taken into consideration, including the parent’s day to day involvement with the child, the stability of both parents, the child’s current living arrangement and relationship with each parent, the parent’s ability to co-parent, and which parent is more able to provide a secure, safe environment for the child.
There is no maternal preference in North Carolina; mothers cannot be favored over fathers in custody evaluation. The only question is what is best for the child.
Disputes over Custody of Children
Custody should focus on the children and what is best for them. Many NC child custody cases are based on voluntary agreement by both parents.Yet due to the inherent complexity and emotional nature, these cases may derail into a custody battle between parents.
Our child custody attorneys have experience handling difficult cases. We will work intently to resolve your issues and reach compromise to settle custody issues outside of the courtroom, while fully protecting the rights and interests of you and your children.
Parents usually attend court ordered mediation prior to litigating their case in court. There are temporary custody hearings and permanent custody hearings. Temporary hearings will generally provide for custody arrangements for the child’s welfare until a permanent hearing and permanent child custody orders can occur.
The use of the courts to resolve custody disputes should be a last resort, and when all other avenues fail. The Cox Law Firm can help. We will evaluate your case, advise you about what is meaningful to a judge and what is not, and present a compelling case that demonstrates to the court that is it in your child’s best interests to grant you custody.
Have a Child Custody Lawyer Help You Modify Child Custody Arrangements
Custody and parenting time (also called “visitation”) are subject to change. We can help you file a motion to modify custody, in which you must prove that there has been a substantial change of circumstances affecting the best interest and welfare of your child since the entry of the last order. The court will make a judgment whether the custody modification serves the child’s best interests.
Contact Top Child Custody Lawyers at Cox Law 704-243-9693
North Carolina child custody laws are vast and complex. When you are facing custody issues, you need to know that you will be able to protect your rights to be with your children. You want to provide your child with the best possible chance to have the stability and structure that lead to a successful life.
We Are Child Custody Lawyers Who Care
At Cox Law Firm, we share your concerns about the impact that divorce will have on your children. Our family law attorneys are here to protect your rights regarding custody, parenting time, child support and any other matters.
Contact us to schedule a consultation today at 704-243-9693 or visit our Contact Page here.