Navigating child custody matters can be an emotional and complex process. In North Carolina, courts make custody decisions based on the best interests of the child. At Wilson, Reives & Doran, our experienced family law attorneys understand that every situation is unique, and we are committed to helping you secure an arrangement that meets your needs and protects your child’s well-being.
Types of Child Custody in North Carolina
Depending on your circumstances, your lawyer can help you seek:
Sole Physical and Legal Custody – Where one parent has the child residing with them and makes all major decisions regarding the child’s upbringing.
Joint Physical and Legal Custody – Where both parents share physical time with the child and decision-making responsibilities.
If you are denied physical custody, your lawyer can work to secure visitation rights to ensure you continue to have quality parenting time with your children.
When deciding custody, courts often weigh factors that may include:
Can Child Custody Agreements be Modified?
No child custody arrangement is truly permanent. If you are not satisfied with your current arrangement, or if your circumstances have changed since the agreement was enforced, you have the option to seek modifications.
- Out-of-Court Agreements
If your parenting agreement was made without court intervention, a modification will focus on determining what new arrangement will serve the child’s best interests. - Court-Ordered Agreements
If a custody order was issued by the court, the parent seeking a modification must show that “changed circumstances” have adversely affected the child’s welfare. If a judge agrees that these changes are substantial, the existing custody agreement may be modified.
Should a child be in danger of physical or psychological harm, your lawyer will act quickly to obtain an emergency custody order.
Can Grandparents in NC seek Child Custody and Visitation Rights?
In North Carolina, grandparents may be granted custody and visitation rights under specific circumstances. To have standing to sue the child’s parents for custody, the grandparent must prove the unfitness of the child’s parents or demonstrate neglect of the children.
Grandparents can also be granted visitation rights if:
- The children’s parents are in an ongoing custody dispute.
- Grandparent visitation is shown to be beneficial to the children.
How is Visitation Determined?
There are no set rules regarding how much visitation time a parent without primary custody can have or when visitations should occur. Visitation cases depend on a number of variables, including:
Can I Move out of the Area or State with my Children?
There are often travel and relocation restrictions placed on the divorced parent who has legal custody of the children. The parent with legal custody might be forbidden from moving outside of a certain geographic area, including moving out of state.
One could, however, seek court approval for a move if you are able to prove that the move will be in the children’s best interest.
How does a Criminal Record Affect Child Custody?
While a criminal conviction is not necessarily a disqualifier for custody, it will be a significant factor in custody cases. Some convictions carry greater weight than others depending on:
A domestic violence conviction, in particular, could weigh heavily against a parent as might illegal drug offenses or drunk driving convictions.
Contact an Experienced Family Law Lawyer for Child Custody Cases
Our family law lawyers at Wilson, Reives & Doran know the rights and protections that are part of North Carolina’s child custody laws. We are committed to securing the best custody arrangements for our clients that meet the needs of parents and their children.
Call us today or use our online form to connect with our team of lawyers for a confidential consultation.