Raleigh, NC Custody Lawyers

Navigating custody disputes in North Carolina requires a thorough understanding of custody laws, a focus on the child’s best interests, and effective strategies for resolving conflicts to safeguard your parental rights and your children’s well-being. Our Raleigh custody lawyers can help!

Key Takeaways:

• Custody is divided into legal (decision-making authority) and physical (where the child lives), with joint custody often favored unless circumstances like abuse or neglect necessitate sole custody.
• Mediation offers a collaborative and cost-effective approach to resolving custody disputes, allowing parents to retain control over the terms of their custody arrangement.
• In cases where mediation fails or there’s high conflict, such as when one parent is abusive or uncooperative, litigation becomes necessary to protect the child’s safety and the parents’ rights.

Navigating a custody dispute can be one of the most emotionally challenging experiences of your life, especially if you’re going through divorce or separation at the same time. Your children are the center of your attention, so you may be feeling overwhelmed at the prospect of all the decisions you need to make about their well-being and future. It’s important for you to know that you don’t have to struggle through this alone!

Our experienced Raleigh custody lawyers have helped hundreds of parents successfully navigate North Carolina family law and secure favorable custody outcomes. We’ll take the time to understand your unique family dynamics, goals, and concerns while guiding you through each step of the process, and for the sake of both you and your children, minimize the drama and conflict as much as possible.

If you’re ready to discuss your options and learn more about how we can support you, let’s find a time to meet. Contact our Triangle Smart Divorce Team today to book your initial consultation and take the next steps.

Essential North Carolina Custody Information

Understanding North Carolina custody laws is vital as you approach your case with the aid of our compassionate Raleigh custody lawyers. Here are some key aspects to keep in mind:

Legal and Physical Custody

In North Carolina, custody is divided into two types:

• Legal Custody: The right to make major decisions about the child’s upbringing, including education, healthcare, and religious matters.
• Physical Custody: Refers to where the child lives and the schedule for time spent with each parent.

Joint Custody vs. Sole Custody

• Joint Custody: Both parents share decision-making responsibilities and physical custody.
• Sole Custody: One parent has exclusive decision-making authority and physical custody.

Best Interests of the Child Standard

North Carolina courts base custody decisions on the best interests of the child. Judges consider factors such as each parent’s ability to provide a safe and stable home, the child’s relationship with each parent, the child’s needs, and more.

North Carolina family courts typically favor joint custody arrangements, as it’s presumed to support the best interests of most kids, but there are situations where a judge might grant sole legal custody; for example, if one parent lives far away, is abusive, neglectful, or not a part of the children’s lives, a sole custody arrangement is much more likely.

Our Raleigh custody lawyers will always fight to protect the safety and stability of your child’s future, as well as your parental rights, while we work closely with you to determine the best path forward.

Resolving Custody Disputes Through Mediation

In North Carolina, if your custody case is going through the court system, attempting mediation will be mandatory, unless a judge waives this requirement. However, you shouldn’t consider this a setback; in fact, we highly encourage mediation here at Triangle Smart Divorce. In North Carolina, you and your co-parent can use mediation outside of the court system to come to an agreement about your children and their future. If you can reach an agreement here, you don’t have to go through the court ordered mediation at all and can just get on with your lives.

Mediation is a collaborative divorce process where you and your co-parent can work together to reach an agreement on the terms of your custody arrangement, ultimately allowing you to retain the most control over your children’s future, and thereby eliminating the need for a judge (who doesn’t know you or your kids) to make the final decision.

Mediation is also generally a faster and more cost-effective process for custody negotiations. Our Raleigh custody lawyers will stand by your side during mediation to protect your rights and ensure everything is able to progress smoothly and amicably.

How Our Raleigh Custody Lawyers Safeguard Your Family In High-Conflict Situations

On the other hand, mediation may be waived by a judge in some instances, or you and your co-parent may simply be unable to reach an agreement after attempting mediation, making litigation necessary. Whether you have an unstable relationships with your co-parent that makes compromise impossible, they are intent on being spiteful and making divorce and custody matters as difficult as possible, or they are a narcissist who wants to use your children as a weapon against you, you can have peace of mind moving forward with our dedicated Team backing you.

How Triangle Smart Divorce Can Make A Difference In Your Case

We understand the depth of the overwhelming emotions you’re feeling – we’re parents too, and we’re passionate about supporting parents who are going through some of the most difficult times in their lives. At Triangle Smart Divorce, our Raleigh custody lawyers are here to alleviate the emotional toll of custody disputes while crafting a plan that reflects your hopes for your children’s future. Reach out today to request a consultation and learn more.

Frequently Asked Questions About Custody In Raleigh, NC

How does custody impact child support?

Guideline-based child support in North Carolina combines each parent’s adjusted gross income, the number of children the couple has, and the number of overnights the child will spend with each parent to determine support arrangements.

Can my child choose the custody arrangement?

While a judge may take into account a child’s preferences regarding custody (depending on their age and level of maturity), they will ultimately always rule in the direction that supports the child’s best interests, regardless of their preferences.

Can I pursue sole custody if my co-parent hasn’t been utilizing their time with our child?

Custody and visitation are not considered privileges in the eyes of the law – they are rights. Therefore, pursuing sole custody for this reason could be a bit of an uphill battle. However, judges always prioritize the child’s best interests, so if your co-parent’s lack of involvement has impacted your child’s well-being or stability, it could be a factor in achieving a custody modification. To speak more about your specific situation and options with a member of our team, book a consultation now.