In the state of North Carolina, the determination of custody for a minor child is grounded in the child’s best interests. Both parents possess the inherent right to actively participate in their child’s upbringing. In situations where parents are separated or have never been married, it becomes necessary to establish legal custody rights through either a parenting agreement or a court order.
Child Custody
in North Carolina
Child Custody
in North Carolina
In the state of North Carolina, the determination of custody for a minor child is grounded in the child’s best interests. Both parents possess the inherent right to actively participate in their child’s upbringing. In situations where parents are separated or have never been married, it becomes necessary to establish legal custody rights through either a parenting agreement or a court order.
Understanding Child Custody in North Carolina
Parents have the flexibility to negotiate their own parenting agreement or consent order for custody. Mediation can also be opted for, involving a mediator to assist in resolving any lingering disagreements related to custody. Alternatively, a court action can be initiated, leading to the scheduling of a trial where a judge assesses the case and issues a custody determination.
If you’re faced with a child custody issue, it is imperative to seek assistance from a child custody lawyer well-versed in understanding the intricacies of your individual circumstances. With decades of collective experience representing moms and dads in family law matters in Raleigh, NC, and surrounding areas, our team of child custody attorneys recognizes the inherent challenges clients often encounter when navigating custody cases. We are dedicated to advocating for you and providing informed guidance on your rights, ensuring the best possible outcome for both you and your children.
Child Custody and Divorce
When parents find themselves navigating the complexities of separation or divorce, a natural concern for the well-being of their children takes center stage. Questions arise about visitation rights and how the children will adjust to living in separate households, all while striving to shield the family from unnecessary upheaval during this emotionally charged period.
At New Direction Family Law, we place the unique needs of each family at the forefront of our approach. Beyond the shared thread of deep concern and love for your child, we offer strategic guidance and dedication through child custody cases. Our committed team invests the time to intimately grasp your family dynamics, ensuring the creation of a customized custody schedule and solutions tailored to the distinct needs of your situation.
We often get asked, “Is there a standard or set custody schedule?” The response is a resounding no, as the needs of each family is inherently unique. As the expert on your children, you bring an unparalleled understanding of their traditions, schedules, and emotional and physical needs. Through a collaborative process, the goal is to work alongside you in fashioning a custody arrangement that seamlessly aligns with your post-divorce lifestyle.
Furthermore, our experienced and dedicated child custody attorneys at New Direction Family Law, based in Raleigh, North Carolina, collaborate with a trusted network of support professionals. This collaborative effort goes beyond legal experience, offering additional layers of education and psychological support for both you and your children as you navigate the intricate path of the divorce process.
Emergency Custody
Emergency custody, also known as ex parte custody, is a temporary measure that can be granted in urgent situations to protect a child’s welfare. Examples of possible situations that may support an order for emergency custody include:
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- Physical or sexual abuse
- Severe neglect
- Substance abuse endangering the child
- Threats of kidnapping or removing the child from the state.
Contact us now to schedule a consultation to meet with one of our experienced child custody attorneys to proved your child(ren) and determine if you may have grounds for emergency custody.
At New Direction Family Law, our over 80 years of combined family law experience equips us to share valuable insights with you as you navigate your child custody case. Whether through education on North Carolina’s child custody laws, clarification of custody legal proceedings and strategy, or determination of potential outcomes, our child custody lawyers prioritize your children’s well-being. In the event of litigation, our attorneys are prepared to advocate fiercely for you and your children.
Third Party Custody
In North Carolina, third-party custody allows non-parents to seek custody of a child under specific circumstances. The third party must prove that the parents have acted inconsistently with their parental rights, such as through abandonment, neglect, or substance abuse issues. If this threshold is met, the court then determines custody based on the child’s best interests. Third parties face a higher burden of proof than parents in these cases. While grandparents, other relatives, step-parents, or close family friends may seek custody, each case is considered individually.
Contact us today to meet with one of our experienced child custody attorneys to learn about your rights and options as a grandparent or other third-party custodian.
Step-Parent Adoption
Step-parents can play a pivotal role in the family dynamic. Even though step-parents may already be performing normal parental roles and responsibilities, adopting a stepchild provides legal protections that are otherwise not present. It’s important to note that the other biological parent’s rights must be terminated by consent or other court proceedings in order for a step-parent to adopt a stepchild.
If you are interested in learning more about the step-parent adoption process in North Carolina, contact us today to schedule a comprehensive consultation with one of our step-parent adoption attorneys.
Parenting Plans and Child Custody
A parenting plan, also referred to as a custody and visitation agreement, serves as a crucial arrangement between you and the other parent to outline parenting rights and responsibilities in raising your child. While some parents reach a consensus on the terms of a parenting plan or a consent order for child custody, other parents may have disagreements that necessitate a family court judge’s intervention.
It is crucial to recognize the limited time judges have to grasp the nuances of each custody case. Experienced representation is essential, as our attorneys understand the court system, applicable rules of law, and the dynamics of family court rules and procedures. Collaboration with your co-parent and their attorney to develop a parenting plan without going to court is often advised and beneficial for everyone involved. However, in high-conflict custody disputes that require court intervention, our assertive custody attorneys are prepared and ready to represent you in court and protect the best interests of your children.
At New Direction Family Law, our over 80 years of combined family law experience equips us to share valuable insights with you as you navigate your child custody case. Whether through education on North Carolina’s child custody laws, clarification of custody legal proceedings and strategy, or determination of potential outcomes, our child custody lawyers prioritize your children’s well-being. In the event of litigation, our attorneys are prepared to advocate fiercely for you and your children.
Grandparent Visitation Rights
In North Carolina, grandparents may petition for visitation in circumstances when parents are separated and have ongoing custody litigation matters pending. Courts must determine that visitation is in the child’s best interest, with grandparents bearing the burden of proving that denial would harm the child’s well-being.
Contact us today to meet with one of our experienced child custody attorneys to learn about your rights and options as a grandparent.
Termination of Parental Rights
The standard courts use to terminate constitutional parental rights in North Carolina is rigorous, reflecting the fundamental nature of parental rights. Grounds for termination include abandonment, abuse, neglect, failure to support the child, incapacity to parent due to substance abuse, or long-term incarceration. The court must find clear and convincing evidence that at least one ground for termination exists and that termination is in the child’s best interest.
Contact us today to schedule a comprehensive consultation with one of our custody and parental rights attorneys who have successfully represented clients in their pursuit of termination of parental rights.
A Child Custody Lawyer Is Ready to Help
When facing child custody concerns, contact New Direction Family Law for guidance. Our team of attorneys, boasting decades of collective legal experience, comprises compassionate, effective, and knowledgeable professionals. We are dedicated to providing insights into your legal rights and tirelessly working towards achieving the best possible outcome for you. If you have questions about custody, the child custody lawyer team at New Direction Family Law is ready to assist you. To arrange a consultation, reach out to us at (919) 719-3470 or conveniently fill out our contact form today.
