Leading Child Custody and Visitation Attorneys in North Carolina

At the David W. Martin Law Group, our North Carolina child custody and visitation lawyers understand how emotionally exhausting all divorces can be — especially when the couple shares minor children — even if they did not foresee their dissolution as a high-conflict divorce.

We also know that determining who will gain primary custody of the children can lead to significant hostility between parents who were never married.

The reality is, even when parents are on the same page about wanting or even needing to split, sharing their time with the kids can become a highly contentious debate.

What most North Carolina parents do not know when they separate is that they are initially charged with agreeing on both legal and physical custody of their children.

When they cannot establish custody, visitation, and parenting plans on their own, the family court will require the parents to enter mediation to minimize the stress on the children before requiring the court to intervene.

We can help. Our North Carolina child custody attorneys are dedicated to helping our clients understand their rights as parents, and how putting the kids’ best interests first will allow everyone to move forward with a stable plan.

What is the Difference Between Legal and Physical Custody in North Carolina?

North Carolina child custody laws require parents to establish both legal and physical custody of their minor children during their separation or divorce proceedings.

Legal custody refers to the right to make major life decisions about a child, including those involving their education, healthcare, and religious upbringing.

Physical custody refers to one parent’s right to have the children in his or her primary care.

The primary custodian will have the children living in his or her home.

The secondary custodian will not have physical custody of the children but may be awarded visitation rights. The visitation agreement establishes when he or she will have the children in his or her care, which could include certain days, nights, weekends, school breaks, or holidays.

Our experienced family law attorneys in North Carolina represent clients in the following legal matters:

Can North Carolina Parents Establish Child Custody Outside the Courtroom?

North Carolina child custody laws and family law courts have established that parents should attempt to create a child custody agreement in private — outside the courtroom — to lessen the hostility that litigation might bring to the relationships.

When they cannot agree to child custody terms on their own, North Carolina parents will be required to undergo mediation, to attempt to create a child custody agreement without the court’s involvement.

The overall belief is that when parents can decide on child custody terms without the court’s involvement, they reduce unnecessary litigation that can bring significant stress to the parent-child relationship.

Once the details of that arrangement are put in writing, a separation agreement that clearly outlines the duties of each parent regarding child custody is presented to the court for approval.

What Happens When North Carolina Parents Cannot Reach a Child Custody Agreement?

When North Carolina parents cannot reach a child custody agreement on their own or during mediation, the case will be litigated inside the courtroom.

That means each parent’s child custody attorney is responsible for arguing his or her case, outlining their role as a parent, and why they believe the children should be placed in their primary care.

The North Carolina child custody statutes require the judge to consider all relevant factors that will impact the well-being of the children.

That may include, but is not limited to:

  • Age of the child
  • Child’s relationship with each parent and with other siblings, when applicable
  • Each parent’s time available to spend with the child
  • Nature of each parent’s home environment
  • Specific needs of the child and the ability of each parent to provide them
  • Caretaking ability of each parent
  • Safety of the child
  • Acts of domestic violence between the parents

Once these factors are considered, North Carolina family court judges still have a wide range of authority to make their rulings, based on the evidence and arguments presented at trial.

The judge’s decision will be court-ordered, which means it is legally binding going forward.

At the David W. Martin Law Group, our skilled child custody lawyers 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 with precision, 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 North Carolina family lawyers offer personalized attention that ensures open and honest communication at every stage of your case.

Contact Our Skilled Child Custody Attorneys in North Carolina Today

At the David W. Martin Law Group, our 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 legal guidance and strategies you need to move forward with your new life with confidence.

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David W. Martin Law Group

108 Springs St, Fort Mill,
SC 29715-1722
(803) 548-2468

1613 East North St., Suite 102
Greenville, SC 29607
(803) 590-1958

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Spartanburg, SC 29302
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Rock Hill, SC 29730
(803) 985-9200

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Bluffton, SC 29909
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Mt. Pleasant, SC 29466
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Charlotte, NC 28203
(980) 265-9724

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