Skilled Child Custody and Visitation Attorneys in Charlotte, North Carolina
At the David W. Martin Law Group, our Charlotte child custody attorneys know when parents divorce, the well-being of the children will become there and the family court’s focal point during the proceedings.
Like most parents, our clients are primarily concerned with who will gain physical custody of the kids, so they can ensure they are safe, loved, and cared for as they grow.
When North Carolina parents cannot agree to shared legal and/or physical custody, the court requires the parents to enter mediation to minimize the stress on the children while attempting to agree on custody, visitation, and other important details that will help shape their kids’ lives.
We can help. Our Mecklenburg County child custody attorneys are dedicated to putting your kids’ best interests first, so we can move forward with a stable plan that ensures that is always true.
What is the Difference Between Child Custody and Visitation in North Carolina?
Like most states, child custody in North Carolina is broken into legal child custody, which includes the right to make major life decisions about a child, and physical custody, which is the right to have the child in your primary care.
The parent who is not awarded physical custody will have visitation rights — or what is called secondary child custody in North Carolina — which includes the right to visit with a child at times outlined in an agreement or court order, sometimes under specific conditions.
Simply put, the parent who has physical custody will live with the child in their home. The parent who has visitation rights, or secondary custody, will have scheduled days, nights, or other times — like certain weekends, school breaks, or holidays — that they spend with the children in their possession.
Legal custody can be awarded to either parent or both parents, so they are both effectively involved in education, religion, and other important aspects of the child’s life even after the divorce.
Our Experienced Family Law Attorneys in Charlotte, NC Represent Clients in the Following Legal Matters:
- Alienation of Affection
- Child Support
- Domestic Violence Orders of Protection
- Property Division
- Prenuptial Postnuptial Agreement
- Separation Agreements
North Carolina Requires Parents to Seek Child Custody Agreements Through Mediation
North Carolina child custody laws and family law courts typically prefer parents settle their child custody agreement outside of the courtroom to encourage them to do everything they can to settle their disputes and come to an agreement on their own to reduce unnecessary litigation and promote the child’s best interests.
If the parents reach an understanding about child custody out of court, the details of that arrangement are put in writing as a separation agreement or consent order that is presented to the court for approval.
The agreement must clearly outline the duties of each parent regarding child custody.
If the parents cannot reach a child custody agreement on their own or during mediation, the case can be mitigated by their attorneys inside the courtroom.
What Happens When North Carolina Child Custody Cases Go to Court?
North Carolina family law courts expect both parents to equitably share their parenting duties but know that sometimes parents cannot agree to divide the children’s time – often for very different reasons.
When a judge determines custody, the primary consideration is to best promote the interest and welfare of the child.
While the judge has wide discretion in making child custody determinations, the statute requires the judge to consider all relevant factors, including:
- Acts of domestic violence between the parents
- Age of the child
- Safety of the child
- Specific needs of the child
- Nature of each parent’s home environment
- Each parent’s time available to spend with the child
- Child’s relationship with each parent and with other siblings, when applicable
- Caretaking ability of each parent
- The ability of each parent to provide for the child
The custody order must include written findings of fact that demonstrate why the judge ruled in one parent’s favor or the considerations concerning the division of custody and visitation between the two.
At the David W. Martin Law Group, our skilled child custody lawyers in Charlotte represent clients throughout North Carolina by thoughtfully and objectively assessing their cases to carefully plan and execute a legal strategy that is designed to reach their personal objectives.
We dedicate our legal skills and resources to ensure your child custody objectives are pursued and your rights protected from the start.
Whether we are negotiating your family law needs outside the courtroom, or aggressively advocating on your behalf inside the courtroom, our highly trained Charlotte family lawyers offer personalized attention that ensures open and honest communication at every stage of your case.
Contact Our Skilled Child Custody Attorneys in Charlotte, North Carolina Today
At the David W. Martin Law Group, our Charlotte child custody attorneys are here to listen to your legal challenges, so we can outline all potential strategies that will allow you to pursue the best outcome for your case.
Call us at 980-265-9724 today to discuss your case and get the help you need.
Our family law attorneys represent clients throughout North and South Carolina and have convenient offices on both sides of the border to help provide the legal guidance and strategies our clients need to move forward with their new lives with confidence.