Charlotte Child Custody Lawyer

Charlotte Child Custody Attorney

Coming to an agreement with your ex-spouse on how child custody should be handled may be challenging. There may be many hurdles to navigate, and it is important to have guidance from a Charlotte child custody lawyer who is both compassionate and a skilled negotiator.

In North Carolina, a judge has the authority to determine who will have custody of minor children based on what is in the best interest of the children. This includes factors such as their welfare, health, and safety. The judge will decide where the children will live and who will make decisions for them.

The judge will consider the financial stability of each parent, the ability of each parent to provide a nurturing environment, and the established emotional bond between parent and child. If a child is considered to be of an appropriate age and maturity, their own preferences may also be considered.

Why Hire a Child Custody Lawyer?

When you decide to work with the team at Butler, Quinn & Hochman, PLLC, you will have the benefit of attorneys who have a comprehensive knowledge of all aspects of family law. The team will advocate for the most favorable outcomes for you and your children, ensuring that all parties are treated fairly.

What Is Legal Custody?

Legal custody determines who will make major decisions for the child. This typically includes decisions related to the child’s healthcare, religious upbringing, and education. North Carolina does not require that a child live with the parent who has legal custody.

A judge may determine that both parents should have this role, also known as joint legal custody. In some cases, one person may be given primary responsibility for decision-making. They will have primary legal custody.

If one parent is found by the court to be unfit, the judge may award sole legal custody to the other parent. Situations where one parent has engaged in domestic violence or abuse of the child may result in sole custody being granted to the other parent.

What Is Physical Custody?

Physical custody refers to where the child will live. It also defines how the child will divide their time between both parents. In North Carolina, physical custody is not determined by the gender of the child, and both parents will have the opportunity to request physical custody.

Visitation in Child Custody Cases

Visitation refers to the time that the parent who does not have primary physical custody spends with the child. The judge will determine a visitation schedule that is in the best interest of the child during the custody proceedings. The judge will determine the amount and type of visitation based on:

• The ages of the children
• The living arrangements of the partner requesting visitation
• The distance between the parents’ homes
• The desires of older children
• Whether there have been incidents of child abuse or domestic violence

How to File a Custody or Visitation Action

It is very important to file your request in the proper county. If you fail to do so, the judge may refuse to hear your case. Most often, you will file your case in the county where the child is living. For those residing in Charlotte, the address of the courthouse is 832 East Fourth Street, Charlotte.

You will need to complete the following forms:

• The Compliant
• Civil Summons
• Servicemembers Civil Relief Act Declaration
• Affidavit as to Status of Minor Child
• Domestic Civil Action Cover Sheet
• Petition to Proceed as an Indigent (if applicable)

You will need to take two copies of each form and the originals to the Clerk’s Office at the courthouse to be filed. You will be asked to pay a filing fee unless you meet the requirements to have the fee waived.

Additionally, these forms will need to be notarized before filing at the courthouse:

• The Verification section is found on the last page of the Complaint
• Affidavit as to Status of Minor Child
• Servicemembers Civil Relief Act Declaration
• Petition to Sue/Appeal as an Indigent (if applicable)

After you confirm with the Clerk of Courts that all documents have been properly filed, you will be responsible for serving a copy of the Complaint and Civil Summons to the other parent.

Serving the Defendant

Serving involves the practical act of delivering the court papers—in this context, the Civil Summons and Complaint to the defendant. These papers cannot be hand-delivered. You must follow North Carolina law when serving the papers. You must also be able to present proof to the court that the documents were delivered to the defendant.

You may arrange for the Sheriff’s Office to serve the documents. The fee for this service is $30. You may also opt to serve the defendant through certified or registered mail, return receipt requested. After you receive the green receipt, you must complete the Affidavit of Receipt of Service by Certified Mail and file it with the court.

In some cases, all efforts to locate the defendant and find their address will not be successful. In these cases, you may consider serving the defendant by publication in the newspaper. This should be a last resort, and you will need to obtain additional forms from your attorney or the Clerk’s Office in order for this process to be valid.

After the defendant is served, they will have 30 days to file an answer or motion for extension of time. If the defendant files an answer, you will receive a copy from their lawyer. If their answer includes a Counterclaim, you will have 30 days to file a reply. Your reply should be discussed with your attorney.

The Use of Mediation in Custody Disputes

North Carolina statutes often require that parents who are unable to resolve their child custody agreement must utilize mediation. Mediation is conducted by a neutral, trained mediator who helps the parties communicate and negotiate how their child custody agreement will be structured.

In North Carolina, the mediator will be appointed and paid for by the court. Mediation sessions are typically held in the courthouse where the case was filed.

Mediation has multiple benefits, such as less emotional strain for families, less cost, and a faster resolution. Mediation allows the parents to determine the custody agreement instead of leaving these decisions to a judge.

If mediation is successful, the mediator will put the visitation and custody agreements in writing, and both parents will sign them. These agreements will be presented to the judge for approval. After the judge signs off, the agreements will become a Court Order.

There are cases, however, where mediation is not recommended or appropriate, such as those involving significant power imbalances or domestic violence. In these situations, it is likely that the court will waive the mediation requirement to protect the victimized parent and protect the interests and safety of the child.

FAQs

Q: Do I Need a Lawyer for Child Custody in NC?

A: While it is possible to present your own case for child custody in North Carolina, a skilled Charlotte child custody lawyer can help navigate the complex legal system and help ensure your rights are protected. Even if you and your spouse agree on how to share custody, an attorney can provide invaluable advice. Circumstances can change, and an attorney can assist with creating an agreement that protects you and your child.

Q: How Much Is It to Get Full Custody of a Child?

A: The costs associated with determining child custody will vary by each case. The greatest expense in a child custody case will likely be for your attorney. The rates attorneys charge vary based on their reputation and experience. Costs will also depend on the complexity of your case, how many court appearances are needed, and how quickly custody terms can be negotiated. In addition to the cost of an attorney, there are other fees you can expect to pay, such as filing fees.

Q: What Is the Biggest Mistake in a Custody Battle?

A: Going through a custody battle may be one of the most difficult parts of a divorce. You should always try to show respect in court to all individuals, including your ex-spouse. Disparaging language and comments will reflect poorly on you and could hurt your efforts to secure your desired outcome. Negative speech can adversely impact a child’s mental health and emotional well-being. Additionally, the court may view this type of behavior unfavorably, leading to legal implications in your case.

Q: Is North Carolina a 50/50 State for Child Custody?

A: In North Carolina, the court will determine how to award custody based on the needs of the child. North Carolina 50/50 custody is also referred to as joint or shared custody. Often, the court will want to preserve the relationship between the child and both parents. Sole custody may be awarded to one parent in cases of abuse or domestic violence. Parents will also need to demonstrate that they can emotionally and financially provide for the child.

Talk to a Charlotte Child Custody Lawyer

Having an attorney who can explain and help you understand the complexities of North Carolina child custody law may alleviate some of the stress involved in a child custody case. The attorneys at Butler, Quinn & Hochman, PLLC, have years of family law experience.

Being proactive in understanding the law and how it applies to your case may help mitigate potential conflict. Contact the office today and learn how our skilled child custody lawyers can provide help with your case.