Charlotte Child Custody Attorney

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Charlotte Child Custody Attorney

Representing Parents In Complex Child Custody Cases In The Charlotte Area

Finding a truce between separating parents will not only be demanding and exhausting on the adults but the children as well. With the right legal team, you will find harmony and possibly a newfound relationship that will thrive better than before. Let our attorneys be that aid in your time of confusion and hurt throughout your child custody battle.

There is a lot at stake in child custody cases, as the outcome of the case can impact your future relationship with your children. North Carolina has specific laws regarding how to divide custody between parents who do not live together, and once a child custody order is issued by the courts, it is critical to comply with the arrangement. Parents have the option to agree on a custody arrangement themselves for the court to approve, though if they cannot agree, the court will decide on a custody arrangement for them.

When you are facing a child custody matter, it is important to have an experienced Charlotte child custody lawyer protecting your rights and interests as a parent, as well as the interests of your child. Do not hesitate to contact Blood Law, PLLC, for assistance.

Our Attorneys at Blood Law are here to guide you every step of the way, up until the day you feel your family is complete and beyond.

“Anna Blood is the type of lawyer every client wants to have, and all other lawyers desire to be like. Her personal experience makes her an outstanding family law attorney. She is hardworking, compassionate, and very skilled in her work. Anna provided quick feedback and was always available to answer any and all questions I had. She always takes a personal interest in her work and makes sure her client’s needs are being met. I highly recommend her to anyone in need of a wonderful attorney.”

O. LOWERY

When Custody Cases Arise

Custody cases arise in different situations, such as:

  1. As part of a divorce case when the spouses share children
  2. As part of cases seeking to establish legal paternity of the child
  3. When one parent seeks to modify an existing custody order

In any of the above cases, the court will need to settle custody matters before finalizing the case as a whole. Our legal team not only handles child custody issues, but we can also handle a paternity claim or the remaining issues in a divorce, as well. If you have a family law case that involves custody, we are the right firm to take on your entire case.

Types Of Child Custody

Child custody is not a single concept, as there are different types of custody rights that can result from a case. First, it is important to understand the distinction between physical custody and legal custody:

  • Physical custody – This refers to the time each parent gets to physically spend with their child and how the child divides time between the two parents’ homes.
  • Legal custody – The other aspect of custody sets out each parent’s right to make important decisions for their child. These include decisions regarding healthcare, religion, education, and more.

There are also different ways that custody can be divided, including joint custody or sole custody. In most situations, parents will share joint physical custody of their children. One parent might have primary custody while the other has secondary custody, though they both get to spend meaningful time with their child. Courts usually award joint legal custody to parents, as well, so they can both be involved in important decisions regarding their child’s life.

Sole custody is awarded in cases involving extenuating circumstances. Such circumstances include:

  1. One parent has a substance abuse problem that prevents them from caring for the child
  2. One parent has engaged in child neglect, physical abuse, sexual abuse, or emotional abuse
  3. One parent is incarcerated
  4. The parents live too far away from one another for shared custody to be reasonable

Our lawyers can evaluate your situation and advise you on what type of custody might be likely.

How Custody Is Determined In North Carolina

Like every state, North Carolina law requires that all custody determinations be based on what the court finds is in the best interests of the child. Many states have a presumption that shared custody is in the best interests of the child, though this is not the case in North Carolina. Instead, the court will review each situation on a case-by-case basis to determine what type of custody arrangement is appropriate.

There are many factors that the court will examine to decide what is in the best interests of the child, such as:

  1. The child’s existing relationship with each parent
  2. The child’s specific needs, including any special needs
  3. The child’s attachment to a family home, community, family members, and school
  4. The child’s preference, if they are old and mature enough to express one
  5. Any disabilities of a parent that prevent them from caring for the child
  6. History of abuse or substance abuse problems by a parent
  7. Other reasons why a parent might put the child’s health or well-being at risk

The court will consider these factors when approving an arrangement presented by the parents, or when making the custody determination for the parents.

REACHING A CHILD CUSTODY AGREEMENT

Parents know their relationships with their child and their schedules better than any court could. You have the opportunity to reach an agreement with the other parent about how to divide child custody, which prevents the case from going to trial. Agreeing not only saves time, money, and stress, but it also keeps control over your schedule in your own hands.

Our attorneys help parents negotiate or engage in mediation to find a middle ground when it comes to custody arrangements. In many cases, parents can successfully agree, and they prevent the need for court intervention. However, trial still might be needed in certain situations, such as when one parent is wrongfully demanding sole custody or one parent fears for their child’s safety if joint custody is ordered.

Modifying Child Custody

If you have an existing custody order that is no longer working, you can request a modification of the order. If parents agree on modifications, they can present them to the court for a new order to be issued. If one parent challenges the modification, the court will rule on whether or not to modify the order. In order to modify an order, the court must find:

  • There was a substantial change in circumstances that warrants the modification
  • The modification is in the best interests of the child

Consult With A Charlotte Child Custody Attorney About Your Situation

At the firm of Blood Law, PLLC, our Charlotte child custody lawyers understand how custody determinations work in North Carolina, and we help clients reach agreements on their own terms whenever possible. If you have a child custody case – whether part of a divorce or not – you can trust our attorneys to protect your rights. Call 704.256.5232 or contact us online today.

Why A Great Legal Team Is Important

When introduced to an emotionally draining situation you will ask yourself many questions such as, “What will be the right plan for my child or children?” “What procedure will make my co-parenting thrive?”, all concerning the safety and care for those caught in the middle. Do not let these decisions overwhelm and cause more distress to the situation than needed.

Finding the right legal team who will advise you on the proper child custody category, fight for your rights, and bring peace of mind to your family is not as hard as it seems. With years of experience in child custody, we will help you determine what are the right choices to make during this time and for the future. We promise to seek all the necessary and caring steps to keep your family’s best interest at stake.

We Work Hard To Fight For You.

Get in touch with a professional at Blood Law today. When it matters, you can depend on us. Whether it be adoption, child custody, wills & estates, divorce, etc. You can trust Blood Law to fight for you.