Child Custody Lawyer in North Carolina
About Miller Cushing Holladay
At Miller Cushing Holladay, we have devoted our entire practice to assisting families dealing with domestic claims. Our most important role is supporting parents and their children in the context of child custody cases. Our experienced North Carolina child custody attorneys understand that every child custody case requires a compassionate approach to best serve and protect the well-being of your children.
We currently have a team of North Carolina child custody lawyers with more than 80 years of collective experience, including Board Certified Specialists in Family Law. Our attorneys have helped countless families reach resolutions in their child custody cases, both in and out of court. While we strive to work towards a collaborative child custody agreement, when possible, our team does not shy away from providing strong advocacy to protect your parental rights and the best interests of your child in court. Over the years, we have assisted in child custody cases involving a wide variety of issues, including domestic violence, parental alienation, co-parenting issues, alcohol abuse, substance abuse, and more.
Types of Child Custody Cases We Handle
In North Carolina, child custody cases come with all sorts of varieties, with each case having its own unique challenges and opportunities. Our team of experienced child custody attorneys has experience assisting clients through the legal process for all types of child custody matters, including custody battles with numerous complex custody issues. The following are just some of the types of child custody situations we handle on a regular basis.
If you’re facing a child custody issue during separation or divorce, our attorneys can help you create a custody plan that protects your parental rights and serves your child’s best interests. Whether through negotiation, mediation, or litigation, we guide you through every step to reach a clear, enforceable custody agreement. Let our experienced Charlotte custody lawyers advocate for you and your family from the start.
In some cases, parties may agree–or a Judge may order, either on their own or upon a party’s request– that a third party should be involved to help the Court determine what is in the best interests of your child. Judges have multiple options, including the appointment of a Guardian Ad Litem to investigate and convey what is in the best interest of your child and the appointment of a forensic psychologist to perform an in-depth child custody evaluation for the Court. We have parenting evaluation lawyers and custody evaluation attorneys who can discuss your options with you and guide you through any of these processes, depending on the needs of your case.
Child custody orders can be modified in North Carolina when a substantial change in circumstances affects the well-being of the child. Whether through negotiation, mediation, or litigation, our experienced child custody attorneys can help you pursue or defend against a custody modification. We’ll guide you through the legal requirements, build a strong case, and fight for the outcome that’s best for your child.
Custody Orders in North Carolina are only as good as the other parent’s willingness to follow the Order. In the event a parent does not comply with a Child Custody Order, there are legal procedures, such as contempt, available to hold a parent responsible and try to deter them from violating the Order in the future. Depending on the situation, a parent may seek to hold the other parent in either civil contempt or criminal contempt for their prior violations of the Custody Order, as well as any ongoing violations of an Order. Given that contempt cases require substantial evidence, one of our child custody lawyers can assist you in making sure we have everything we need to successfully hold your child’s other parent responsible for failing to comply with your custody agreement or a Custody Order.
Parental relocation cases are often some of the toughest cases Judges deal with when determining whether or not to allow a child to relocate. North Carolina child relocation laws include numerous important factors for the Court to consider, ranging from the positive or negative impact of the move on your child to the ability to maintain a relationship between the child and the parent who is not moving. We have child relocation attorneys who are well-versed in assisting parents attempting to move away with a child, as well as parents’ objections to parental relocation.
Judges are often on the lookout for the signs of parental alienation in custody cases, given the negative effects of parental alienation they have seen in their cases. Of course, proving parental alienation is the first step to asking a Judge to combat parental alienation. Our parental alienation lawyers can provide legal help for your parental alienation case, whether you are trying to prove alienation by your child’s other parent or you are defending against false claims of parental alienation made against you.
Visitation in North Carolina includes many considerations, ranging from whether visitation will be supervised or unsupervised, the regular visitation schedule (i.e., when parents typically see their children), and even special visitation schedules such as holiday time spent with each parent. Our child visitation attorneys can assist with both initial visitation schedules, whether by agreement or through trial, and modifying visitation Orders that are already in effect.
In North Carolina, a grandparent may have the right to seek visitation or even full custody of a grandchild, depending on the case. If parents will not agree to a grandparent exercising custody, a grandparent must first overcome a child’s parents’ constitutional priority to parent their child, which generally means needing to show that a child’s parents are unfit or have acted inconsistently with their constitutional rights. Our firm has grandparent custody lawyers who have collectively handled many third-party custody cases by consent, as well as through the courts.
In high-conflict custody cases, a Guardian ad Litem (GAL) may be appointed by the Court to independently investigate and advocate for your child’s best interests. The GAL meets with the child, interviews relevant parties, and reports their findings to the Judge to help guide custody decisions. If a GAL has been appointed in your case or you believe one should be, it’s critical to work with a knowledgeable child custody lawyer who can help you navigate the process and protect your parental rights.
Alcohol and substance abuse are common and serious issues in family law, especially when child custody is involved. Proving these concerns often requires collecting evidence, such as documentation and witness testimony, to show the Court that intervention is necessary. If the Court finds substance abuse is present, it may limit visitation and require safeguards like drug testing or mobile alcohol monitoring. Whether you’re concerned about the other parent’s behavior or defending against allegations yourself, our experienced custody attorneys will guide you through the process and fight to protect your rights.
In North Carolina, grandparents and other third parties can seek custody of a child, but only under limited circumstances due to the strong constitutional rights granted to parents. To succeed in a third-party custody case, the court must first find that the parent is unfit or has acted inconsistently with their parental rights. Only then can a judge consider awarding custody to a grandparent if it serves the child’s best interest. These cases are legally complex, so it’s essential to work with an experienced child custody attorney who can help you build the evidence needed to move forward.
In some child custody cases, parties will agree, or a Judge may order the appointment of a parenting coordinator in an attempt to reduce conflict between parents. A parenting coordinator is a neutral third party, often another attorney, who has the authority to resolve certain disputes between parents in an effort to prevent those disputes from reaching a courtroom. Judges may generally appoint a parenting coordinator if they find that there is a high amount of conflict between the parties and each can afford the services of a parenting coordinator. At Miller Cushing Holladay, we have experienced child custody attorneys who can guide you through the process of appointing a parenting coordinator in your case.
In North Carolina, LGBTQ+ child custody rights ensure LGBTQ+ parents’ ability to raise their child following a separation. Depending on the case, LGBTQ+ child custody can sometimes involve complex constitutional considerations that require a knowledgeable and skilful legal approach to ensure certain heightened standards are met. If you have questions about your LGBTQ+ child custody rights or need assistance in your custody case, we have a team of seasoned family law attorneys who can assist you.
North Carolina child custody laws generally divide child custody rights into two major categories–physical custody and legal custody. Physical custody deals with where a child will reside and on what schedule, whereas legal custody defines how major decisions are made on behalf of a child. A key part of any legal custody arrangement is defining how major decisions for a child, such as their education, healthcare, religious upbringing, and other decisions having a lasting impact, will be handled between parents. Our firm’s child custody lawyers can help you understand legal custody options in your case and discuss how to achieve your goals.
Child custody law in North Carolina requires that parties in child custody cases attend child custody mediation prior to a trial on child custody. Child custody mediation is a process whereby parents attend custody mediation with a neutral child custody mediator in an attempt to reach a resolution without the need for trial. While attending child custody mediation is generally required in most cases, with some important exceptions, whether or not parties can reach an agreement is completely voluntary. At Miller Cushing Holladay, we have child custody lawyers who can discuss the child custody mediation process with you and whether there may be an exception that might warrant a waiver of that process in your case.
In North Carolina, Judges ruling on child custody are required to determine what is in the best interest of a child. Notably, this framework does not include any preferences for mothers or fathers of children. This means that parents’ rights in North Carolina are and should be fathers’ rights as well, given that no parent should be provided an automatic preference over the other. If you are seeking a father’s rights attorney, we have a team of skilled family law attorneys that can ensure that your rights are being upheld in your child custody case.
Understanding Child Custody in North Carolina
In North Carolina, child custody cases are either handled by agreement between the parties outside of court or in court, where a Judge determines the custody by assessing what is in a child’s “best interests.” Whether child custody is resolved by agreement amongst parents or through a trial, it is important to understand the different types of custody.
Legal and Physical Custody in North Carolina Child Custody Cases
In general, child custody in North Carolina consists of both legal and physical custody. Legal custody refers to the decision-making power of each parent to decide major decisions for a child, such as where the child goes to school, what doctors they see, the medical treatment they may receive, the child’s religious upbringing, and other matters of lasting significance. Parties and Judges have the option of requiring parents to address major decisions by making joint decisions by mutual agreement(i.e. joint legal custody), splitting decision making responsibilities amongst parents, delegating sole authority to one parent to make a final decision (i.e. sole legal custody), or even providing for alternative-dispute resolutions such as arbitration or mediation in the event of a legal custody dispute.
Physical custody is just what it sounds like–where a child is physically located each night. Most child custody arrangements are considered joint custody, even if one parent has substantially more time with a child than the other, although sometimes the parent with substantially more time may be referred to as having primary custody of a child. While child custody arrangements generally involve unsupervised, independent time with a child, certain situations do require supervised custody, whereby a parent’s time with a child is supervised by an agreed-upon or ordered third party.
Custody and Visitation Schedules
Physical custody in North Carolina is comprised of a number of considerations ranging from the regular custody schedule for a child, special visitation schedules for holidays and other important dates, and even telephone and other forms of electronic visitation such as video calls, which allow a noncustodial parent to speak with a child’s while in the custodial parent’s care.
Regular Custody and Visitation Schedules
A key part of every physical custody agreement or determination is the regular visitation schedule for a child. A regular visitation schedule, which is sometimes referred to as regular parenting time, refers to the typical schedule a child will follow throughout most of the year. For example, a week-on, week-off schedule alternates the child between parents weekly. Every child and every family is different, so it is important to work with your child custody lawyer to develop a schedule that best fits your child and your family’s needs.
Holiday and Special Visitation Schedules
In addition to a regular schedule, another important component of physical custody is the establishment of a holiday schedule, which is often referred to as special visitation or special parenting time. Judges often order, and parties frequently agree to, alternating or splitting holidays and other important dates such as Mother’s Day, Father’s Day, and birthdays to ensure an equitable split of this special parenting time between two homes. While your child custody attorney can advise you as to which holiday provisions are considered standard, there is truly no “one-size-fits-all” approach when it comes to holidays and other important dates, given that these special times hold different meanings and levels of importance for every family.
Why You Need an Experienced North Carolina Child Custody Lawyer
An experienced North Carolina child custody lawyer is key to achieving the best possible results for you and your child. When it comes to custody matters, it is imperative to find an attorney who has experience specifically in the area of North Carolina family law and child custody.
An attorney who practices primarily or solely in the area of North Carolina family law is a key part of any legal strategy, given that they can assist you not just with understanding specific North Carolina child custody laws that apply in your case, but also the particular nuances in those laws that will form a measured legal approach. Any legal strategy needs to not just paint with broad strokes, but rather should focus on the finer details of your case. A wealth of knowledge about the particular case law, statutes, and local rules that will impact your child custody matter helps address those finer details.
Experience also means that an attorney will be able to speak to how they have seen Judges handle similar cases. While no attorney has a crystal ball to determine exactly what comes next in your child custody matter, including exactly how a Judge may rule, experience, both individually and firmwide, provides a basis to at least make informed decisions based on prior results. At Miller Cushing Holladay, we are proud to have a team of attorneys with over 80 years of collective experience to assist in your case.
Another important, but often overlooked, component of experience is the ability to provide objective counsel. While your interests and goals are always our top priority, a bedrock of any attorney-client relationship is an honest dialogue between clients and their attorneys. Oftentimes, the best way for our team to protect your child and achieve your goals is to give feedback on the advantages and disadvantages of certain legal positions, as well as the strengths and weaknesses of your case. We believe the best way to serve you is to ensure you are making clear-eyed and well-informed decisions that will impact your child’s life.
Choosing the Right Child Custody Attorney in North Carolina
Determining the right child custody attorney depends on multiple considerations. First and foremost, you need to be comfortable with the attorney you hire. You are going to make some of the most important decisions in your life as a parent, and thus it is important that you have a comfortable relationship with that attorney from the outset of your case. At our law firm, we will schedule an initial consultation for you with one of our attorneys, not only so that you can meet with them to learn your legal rights and options, but also so that you can make sure we are the right fit for your case.
An important part of the initial consultation is speaking with your attorney about the approach you believe, and they advise, your case will need. Whereas some cases may be best served by a collaborative approach that focuses on protecting your rights outside of court, other cases may require filing and aggressively pursuing legal claims in the courts to protect your interests. Either way, it is crucial that you and your attorney are on the same page from the outset.
Another important consideration when hiring a child custody attorney is to ensure you are hiring someone who is willing and able to advocate for your child and you in court. This is a critical question to address when it comes to finding a child custody lawyer, given that child custody cases tend to be handled in court at a higher rate than other family law claims, such as child support, alimony, and other financial issues. While all of our attorneys strive to resolve child custody through a collaborative process without the need for court, if possible, we also understand that some child custody matters will require strong advocacy in court and stand ready to defend your child’s interests in the courtroom
Schedule a Consultation
The first step to every attorney-client relationship is a confidential consultation. During that initial consultation, you will have an opportunity to explain the details of your child custody case and any other family law issues you need to address with an attorney. One of our attorneys will then explain your rights, discuss options for action, and walk you through the next steps to move things forward in your case.
Please call our office at 980-321-5590 when you are ready to schedule a confidential consultation with one of our experienced Charlotte family law attorneys.
