Child Custody Attorneys
A divorce can be especially challenging when children are involved. The Courts in North Carolina seek to determine the custody of the children using a “best interest” standard, awarding custody to the party that “will best promote the interest and welfare of the child.” Of course, what schedule or custody provisions are in the best interest of a child is a highly specific and challenging determination, which can often be the subject of intense litigation.
Our family law attorneys can help you understand child custody laws, rules and typical outcomes as they apply to your case.
What Is Child Custody?
Child custody refers who has physical custody of the child as well as who gets to make decisions that impact the minor child. Physical custody refers to the parent or person with whom the child lives. Legal custody involves a parent or person’s ability to make major decisions for the child, including education, healthcare, and religious decisions.
What Is Sole Custody?
Sole custody is when one parent or person has complete physical and legal custody of a child. To obtain sole custody over a child, custody hearings are required, and evidence must be presented supporting such an Order. Sole custody can also be obtained in an agreement, but such agreements are rare.
What Is Joint Custody?
Joint custody allows parents to have shared legal responsibility for a child and usually involves each parent have significant time with the minor child. Even sharing that is unequal (for example, one party having every other weekend, is referred to as “joint custody”.
Modifying a Child Custody Order
Once child custody agreements are established there may be changes to one or both former spouse’s lives or the life of the child that warrant a modification to the child custody order. Typically, one parent must request modification with the court, and the judge must agree that there has been a change of circumstance sufficient to warrant a change in circumstances and that the requested change is in the child’s best interest. Our family lawyers, who serve Asheville and nearly all of Western North Carolina, can typically establish an initial child custody order as well as aid in the modification and enforcement of the order in the years following the divorce. We work hard to meet our client’s needs while reaching an agreement that is best for the children involved. Contact our family lawyers today to schedule a consultation with our experienced child custody attorneys.
How Our Child Custody Attorneys Can Help
While establishing or modifying a child custody order may seem challenging or even impossible, our family attorneys are here to help you navigate the process. Our family lawyers are dedicated to providing the legal guidance you need. We are highly skilled and knowledgeable about child custody and are focused on helping to achieve the best possible outcome. Contact us today to schedule consultation and learn more about the options available to you and your family.