Best Child Custody Attorney in Statesville, NC
Child custody can be a difficult family law issue for a person to face. Whether you and your co-parent are on good terms or are unable to negotiate, your child’s best interests are at the center of determining custody. That is why family courts must approve any custody arrangements, including ones drafted by parents out of court. It’s highly advised that you rely on the skills and experience of a qualified Statesville child custody lawyer.
About Parker, Parker & Pittman
Parker, Parker & Pittman, a legal practice based in Statesville, was founded in 1991 and has built a trusted reputation within the community. Our legal team offers full-service counsel and representation, covering important family law issues such as divorce and child custody. Our lawyers have extensive practical experience overseeing cases in and out of court, with strong litigation and negotiation skills.
Understanding Child Custody Laws in NC
Child custody in North Carolina has two main types: physical custody and legal custody. Physical custody determines which parent will oversee the child’s day-to-day care and where the child will primarily reside.
Physical custody may be shared jointly between parents, or one parent may be awarded primary custody while the other receives visitation time. Weekly time-sharing, as well as where the child will be for holidays or other special occasions, is also decided when determining physical custody.
Legal custody refers to a parent’s right to make important decisions regarding their child’s upbringing and welfare. This can include decisions about the child’s education, extracurriculars, religion, and healthcare. This type of custody can also be shared jointly, or one parent may be given sole legal custody, depending on the circumstances.
On average, fathers are most likely to receive 35 percent of child custody time in the U.S. In North Carolina specifically, fathers are likely to receive about 27.9 percent of custody time on average.
How Is Child Custody Determined in North Carolina?
Child custody arrangements can either be negotiated between parents or left up to the court to determine. If parents decide to draft a parenting agreement, known as a consent order, it must be approved by the courts before it can be put into effect. Family court judges take all relevant factors into consideration when determining what custody arrangement may be in the child’s best interest. These factors include:
- Each parent’s ability to provide a safe and stable home environment
- Each parent’s economic standing and earning potential
- Each parent’s physical and mental well-being, including whether they have any health concerns
- Each parent’s availability and capacity to meet their child’s needs
- The child’s relationship and emotional bond with each parent and any siblings
- The child’s preference, if they are old enough and able to clearly express any preferences
- The child’s age and needs, including any special or medical needs
- The parents’ ability to cooperate and foster a healthy relationship between their child and the other parent
Can a Child Custody Order Be Modified in NC?
Yes, it is possible for a child custody order to be modified or canceled in certain circumstances. Either parent can request that custody arrangements be modified or vacated if there has been a significant change in circumstances. You cannot try to change a custody order simply because you don’t like it due to disagreements with your co-parent, personal conflicts, or temporary inconveniences.
Some examples of substantial changes that may warrant a child custody modification include:
- A parent developing or recovering from a major health issue
- A parent relocating far enough away that the child’s routine or schooling is interrupted
- A child’s needs changing due to school performance, behavioral or physical health, or age
- A parent starting a new job that impacts availability or home stability
- A parent having a pattern of not complying with the current custody order
- Concerns of substance abuse, domestic violence, or other environments that are not safe for the child
- A parent remarrying or a new partner moving in
If you want to modify your child custody plan, you must officially request a modification for it to be legally enforceable. Simply discussing or deciding on changes with your co-parent is not sufficient for long-term modification and makes holding the other party responsible more challenging. Modification is a complex family law matter. It is highly recommended that you work with a child custody attorney when you are considering modifying your custody plan.
Why You Should Hire a Child Custody Lawyer
Child custody is often an essential component of divorce cases. In 2023, the rate of divorce in North Carolina was 2.7 per 1,000 residents. Determining child custody is often one of the more stressful and contested issues during a divorce.
It can be hard to balance what you may think is right for your child while faced with the entire divorce process and other major life changes. That’s why it’s a good idea to work alongside a lawyer who can give voice to your thoughts and needs while helping you manage necessary paperwork, deadlines, court appearances, and more.
You should hire a child custody lawyer because it can greatly increase your chances of an agreeable outcome. A qualified Statesville child custody attorney understands how to advocate for your parental rights while keeping your child’s best interests in mind. No matter how simple or complex your case may seem, working with a family law professional can bring peace of mind because you know you’re taking the right steps to represent yourself effectively.
Where Are Child Custody Cases Handled?
The courthouse that handles a child custody case depends on where you are located. For custody and related family law issues in Statesville, the Iredell County District Court system is most likely to oversee the case. The main legal venue is the Iredell County Hall of Justice, which is located at 226 Stockton Street, Statesville, NC 28677.
Since details such as addresses can vary, be sure to ask your child custody attorney about any important information.
FAQs
How Much Does a Child Custody Lawyer Cost in NC?
In North Carolina, the exact cost of hiring a child custody lawyer can vary depending on whether the issue is contested or uncontested and the overall intricacy of the circumstances. Complex or contested trials are more likely to have higher lawyer fees compared to a straightforward, uncontested custody case that can be settled with minimal court involvement. Hourly rates and retainer fees vary depending on your attorney, so be sure to ask about legal fee estimates.
What Hurts Your Chances of Receiving Custody in NC?
In North Carolina, anything that may potentially endanger your child or impact your ability to provide a stable environment can hurt your chances of receiving custody. Examples of actions that can harm your custody rights include an unwillingness to cooperate with your co-parent, not managing a mental health condition, ignoring court directives, and failing to meet your child’s needs. If you have concerns about your parental rights or your co-parent’s poor behavior, ask a custody lawyer about your options.
How Long Does a Child Custody Case Usually Take?
In the state of North Carolina, it may take anywhere from a few weeks to a year or longer to resolve a child custody case. How long it takes to finish a custody case depends on how much the parents disagree. When parents are mostly in agreement, proceedings can take much less time compared to when the matter has to go to trial due to parents being unable to compromise. Exact timeframes can also heavily depend on your court’s scheduling.
Do I Need a Child Custody Attorney in North Carolina?
While you don’t need a child custody attorney in North Carolina to address custody issues, it is still advised that you work with a legal professional. There is no law requiring you to hire a child custody lawyer, but there are many benefits to consulting an experienced family law attorney about your custody case. Your lawyer is there to understand your situation and represent your parental rights. An attorney can also help you manage paperwork, deadlines, and more.
How Do I Modify a Custody Arrangement in NC?
In North Carolina, to modify a custody arrangement, you must submit a request for modification to the family court with which the original custody order was filed. You must have sufficient reason to request a modification.
There must be evidence of a substantial change in circumstances since the last order. If the judge agrees that the change is substantial and impacts custody, a modified agreement may be approved. It’s helpful to work with a lawyer when preparing a modification petition.
Talk to a Skilled Child Custody Attorney in Statesville
When you entrust the team at Parker, Parker & Pittman with your child custody case, you can feel confident that you are in capable hands. Reach out to us today to schedule a consultation with a knowledgeable and compassionate family law attorney. We are ready to answer any questions you may have and guide you through the next steps.
