Denver, NC Child Custody Lawyer

Denver, NC Child Custody Attorney

An attorney will be responsible for protecting your legal rights as a parent, representing your personal goals and needs when the terms of the custody agreement are being drafted, and more. Since an attorney can significantly impact the outcome of your case, entrusting a Denver, NC, child custody lawyer during divorce proceedings can be incredibly stressful. Feeling any amount of peace during the process requires choosing the right attorney.

The professional team at The Jonas Law Firm, P.L.L.C., is hard-working, compassionate, and honest with our clients. We use our resources and breadth of knowledge of family law to help each client and their family with child support arrangements, property division, and other divorce or separation issues. We can also support our clients through family law issues like child support and protective orders.

What Is Child Custody in North Carolina?

Spouses with children who are considering separating or going through the process of divorce in Denver must consider what child custody may look like for their circumstances. In North Carolina, child custody is broken down into two types: legal and physical. The court will always strive to act with the child’s interest as the driving motivation in all custody matters.

Legal custody, called “decision-making,” refers to a parent’s ability to make authoritative decisions regarding their child. These decisions include having input on the child’s schooling, religious upbringing, healthcare, etc. Physical custody, or “parenting time,” is how much time the child or children of the spouses will be under the care of each parent; it’s often referred to as “primary physical custody” or “joint physical custody.”

When deciding on the terms of the custody order, the court will consider the child’s current living arrangements, the relationship each parent has with their child, each parent’s ability to provide and care for the child safely, whether there is any history of domestic violence or abuse, the child’s wishes if old enough to express them, and any other factors that may affect the child’s welfare.

Can My Spouse Get Sole Custody of My Child?

You may be worried that your co-parent will get sole custody of your child or can make it very difficult for you to spend time with your children, cutting you from their lives. While possible, this is unlikely to occur outside of extreme cases. Many child custody arrangements entail the parents having joint legal custody of their child, meaning they both have some say in how their child will be raised and taken care of.

Physical custody, or parenting time, is also typically shared between parents, although one parent may be granted primary physical custody. They are referred to as the custodial parent, and it is that spouse’s house where the child will reside most of the time. The other parent is often given regular visitation rights.

Do I Need a Child Custody Lawyer for My Case?

You are not required to hire a family lawyer for your child custody case, but it’s generally considered a wise choice. Many custody order matters, including child support, are handled during the overarching process of divorce, among other issues such as dividing property or spousal maintenance. As a result, most divorce lawyers will most likely be able to assist you with child custody as well.

Even if you’re filing for custody outside of divorce, it’s still advised to have a child custody lawyer who can help you understand the custody laws in North Carolina, as well as your rights as a parent.

A prepared family attorney can handle your child custody matter in a courtroom setting as well as outside the court if you and your co-parent wish to mediate the matter collaboratively. This can also be a good choice for parents who want to customize their custody arrangement terms before having the court approve and enact the order.

FAQs

Q: How Much Are Custody Court Costs in NC?

A: The costs of a child custody matter will depend greatly on your circumstances, such as if you’re filing for custody during divorce proceedings or amending a previous child custody order. Additionally, whether you and your co-parent are generally in agreement or are contesting on the matter will also determine costs. Most North Carolina custody lawyers will charge an hourly rate that is also impacted by their experience level.

Q: How Do You Get a Free Lawyer for Child Custody in NC?

A: If you’re unable to pay for a child custody lawyer, there are still options you can take besides filing entirely by yourself. There are some nonprofit law firms, such as Legal Aid of North Carolina, that provide child custody clinics where low-income parents can receive free legal advice and assistance. Some courts and lawyers also offer pro bono resources for custody matters. You may also be able to have the court require your co-parent to pay your legal fees.

Q: Who Pays Attorney Fees in Child Custody Cases in NC?

A: Typically, each party is expected to pay for their own attorney fees. However, the court does have the power, at their discretion, to order that one party pays for the other’s legal costs as a part of the child custody order. The court may choose to do this when there is a large disparity between the parents’ incomes, allowing the higher-earning party to give the other party equal access to adequate counsel and representation.

Q: At What Age Can a Child Choose Which Parent to Live with in NC?

A: North Carolina law doesn’t specify an age at which a child can choose who to live with. The judge doesn’t need to consider or rule according to a child’s wishes, but some may choose to consider them when determining custody.

Generally, judges tend to ask the child if they’re deemed mature enough to understand the situation and can express their thoughts effectively; the older the child is, the more weight their wishes are likely to have in the judge’s decision.

Compassionate and Qualified Family Law Attorneys

When you entrust an experienced and capable family lawyer at The Jonas Law Firm, P.L.L.C., to handle your case of child custody, a support arrangement, or other family law matters, you can feel confident and rest assured your case is in good hands. Contact our offices to get in touch with an attorney who will listen to your situation, represent your goals, and protect your rights in all legal proceedings.