North Carolina Child Custody Lawyers
Few family law matters are more personal than deciding where your child will live, how much time they will spend with each parent, and how important decisions about their life will be made.
At Ward Family Law Group, our North Carolina child custody lawyers help parents navigate custody and visitation matters with a focus on protecting their parental rights and promoting solutions that serve their children's best interests. Whether you are working toward a parenting agreement, seeking to modify an existing custody order, or facing a contested custody dispute, our attorneys can help you understand your options and determine the best path forward.
We understand that every family is different. Some custody matters can be resolved through negotiation or mediation, while others require litigation and advocacy in court. Our firm's goal is to help you approach your custody matter with a clear understanding of your rights, your options, and what to expect. Contact us today to tell us about your situation and discover how we can help.
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Child Custody Matters We Handle in North Carolina
Child custody cases can involve much more than deciding which parent a child will live with. A custody arrangement may address where a child lives, when each parent has parenting time, how major decisions are made, holiday schedules, transportation, communication, and many other aspects of co-parenting.
Our North Carolina child custody attorneys assist clients with matters including:
Establishing Custody and Parenting Agreements: We help parents develop custody arrangements that address parenting time, holidays, transportation, decision-making, communication, and other practical aspects of raising a child across two households.
Contested Child Custody: When parents cannot agree on custody or parenting time, we help clients understand their legal options and advocate for their interests through negotiation, mediation, or litigation.
Custody Modifications: When circumstances change, we help parents determine whether an existing custody arrangement may need to be modified and, when appropriate, pursue a new arrangement.
Parenting Coordination: For families experiencing ongoing, high-conflict disagreements about parenting, a parenting coordinator can help parents work through recurring disputes and improve their ability to follow and implement an existing parenting plan. Several of our attorneys are qualified to serve as parenting coordinators, bringing both family law and conflict-resolution experience to this role.
Custody Order Enforcement: When a parent is not following an existing custody order, we help clients understand their enforcement options and determine the appropriate next steps.
Custody and Safety Issues: When a child or parent may be at risk because of domestic violence, abuse, threats, substance misuse, or other safety concerns, we help clients pursue custody arrangements and legal protections designed to address those risks.
Relocation and Parenting Time: We help parents address custody issues that arise when one parent wants to move, particularly when a relocation could substantially affect the existing parenting arrangement.
High-Conflict Custody Matters: When communication between parents has broken down or serious disagreements continue, we help clients navigate the legal and practical issues involved while keeping the child's best interests at the center of the case.
Whether you are trying to establish a custody arrangement for the first time or dealing with a significant change in your family's circumstances, our team can help you evaluate the legal issues involved and develop an appropriate strategy.
Why Choose Ward Family Law Group for Your Child Custody Matter?
Choosing your custody lawyer is an important decision. You need someone who understands family law and can help you approach your case with both your immediate circumstances and your child's future in mind.
At Ward Family Law Group, we know that custody disputes can be emotionally difficult and extremely complex. Our family law attorneys in North Carolina work with parents to identify practical solutions when possible while remaining prepared to advocate in court when litigation is necessary.
Our founding attorney Linda K. Ward is certified by the North Carolina State Bar as a Family Law Specialist and has extensive experience in mediation, arbitration, and high-conflict custody matters. Linda is trained and available to serve as a Parenting Coordinator, a role that can help families navigate ongoing parenting challenges when conflict remains high. She has devoted her entire legal career to family law and believes that court should be the last place a family law dispute is resolved when a practical solution can be reached outside the courtroom.
Together, our team can approach custody matters from multiple perspectives. Some families benefit from negotiation or mediation and the development of a workable parenting agreement. Others need strong courtroom advocacy to resolve a contested custody dispute.
Whether you're establishing custody for the first time, seeking to modify an existing order, dealing with a high-conflict co-parenting situation, or preparing for a contested custody hearing, our team of family lawyers are here to help you understand what comes next.
How Does Child Custody Work in North Carolina?
North Carolina child custody law does not provide one standard arrangement that applies to every family. Under North Carolina General Statute § 50-13.2 , when parents cannot reach an agreement, a court determines the custody arrangement based on what will best promote the child's interests and welfare. The law allows a court to award joint custody, exclusive custody to one parent or another appropriate custody arrangement.
The circumstances of each family matter. A court considers relevant factors affecting the child's welfare, including the child's relationship with each parent and the circumstances of the parents. In cases involving domestic violence, the court must also consider the safety of the child and the parties.
Legal Custody vs. Physical Custody
Child custody can involve different types of rights and responsibilities.
Legal custody generally concerns a parent's authority to participate in important decisions affecting the child, such as education, health care, and other significant matters.
Physical custody concerns where the child lives and the amount of time the child spends with each parent.
Parents may share these responsibilities, or one parent may have greater responsibility for certain aspects of the child's care. The specific terms depend on the custody arrangement established by the parents or ordered by the court.
Joint Custody vs. Sole Custody
Joint custody does not necessarily mean that a child spends exactly half of their time with each parent. Parents may share custody under a variety of schedules designed around the child's needs and the family's circumstances.
Likewise, an arrangement in which one parent has primary physical custody does not necessarily mean the other parent has no relationship with the child. Parenting time or visitation may still be part of the custody order. North Carolina law expressly allows custody orders to include visitation and other terms designed to promote the child's best interests.
NC law also does not automatically favor one parent over the other in a custody dispute. Under G.S. § 50-13.2, there is no presumption that a mother or father will better promote the child's interests and welfare. Instead, the court considers the circumstances of the particular family and determines what custody arrangement is in the child's best interests.
How Is the Child's Best Interest Determined?
The phrase "best interests of the child" is central to custody decisions. The court's focus is on the child's interests and welfare rather than simply determining which parent is more deserving of custody.
A judge looks at a broad range of factors when making a custody determination that is in the best interest of the child. These factors may include:
The strengths and weaknesses of each party as a past and potential custodian for the children;
The mental, psychological, and physical condition and ability of each party as it may relate to the custodial care for the minor children;
The appropriate nature and/or involvement of each party in the minor children’s discipline, feeding, education, leisure time, health care, child care, medical needs, clothing, washing and other matters;
The actions or efforts of either parent to alienate, or permit others to alienate one or more of the minor children from the other parent;
The preference, if any, of the children for either party as custodian;
What type of custody and visitation schedule would serve the minor children’s best interest, considering, among other things, their age and developmental needs;
The appropriate length of visits with the non-custodial parent;
The effect on the sibling group of a proposed custodial schedule and whether any one-on-one custodial time should be considered;
Any extraordinary needs of the children (such as mental or physical health issues);
The efforts of one parent to encourage positive or negative feelings by the children toward the other parent;
Any issues of domestic violence (whether it is domestic violence against a parent or the child); and
And any other factor the judge deems relevant to the child’s best interest and welfare.
Safety can be particularly important. North Carolina law requires courts to consider relevant circumstances, including domestic violence and the safety of the child and the parties.
For parents, this means that preparing for a custody case involves more than simply explaining why you want more parenting time. Your attorney can help you identify the facts, evidence, and circumstances that may be relevant to the court's determination.
When You Should You Consider Hiring a Child Custody Lawyer
You may benefit from speaking with a NC child custody attorney if:
You and the other parent cannot agree on where your child should live or how parenting time should be divided.
The other parent has hired an attorney or filed a custody action.
You need to establish a custody arrangement for the first time.
The other parent is refusing to follow an existing custody order.
Your family's circumstances have substantially changed since your current custody order was entered.
You or the other parent wants to relocate.
You have concerns about your child's safety while in the other parent's care.
There are allegations involving domestic violence, substance abuse, abuse, or neglect.
You are concerned that the other parent may remove or withhold your child.
You are considering modifying an existing parenting arrangement.
Even when you hope to resolve the matter without going to court, getting legal advice early can help you understand your options and avoid making decisions that could affect your custody rights later.
Child Custody FAQs
What is a custody evaluation?
A custody evaluation is usually performed by a licensed child psychologist or other mental health professional. A custody evaluation is often necessary in high-conflict cases, or in cases where there is mental, physical, or sexual abuse, alcoholism, domestic violence, parental alienation, or when one parent’s ability to parent is questionable. Speaking with a Raleigh child custody lawyer can help you determine whether requesting a custody evaluation is appropriate for your situation.
However, custody evaluations can also be helpful in determining a custody schedule even when these kinds of issues may not be present in the case. In conducting the evaluation, the evaluator may interview the parents, children, and other appropriate individuals, or “collaterals” (i.e., teachers, physicians, grandparents, neighbors, boyfriends, girlfriends, step-parents, etc.), conduct psychological testing of the parties and/or children, and make home visits to each parent’s house.
The evaluator then makes recommendations for a custody schedule and other recommendations, which in the evaluator’s professional opinion would help the family, such as family therapy, working with a parenting coordinator, communication strategies, transition strategies, etc. Depending on the issues, a custody evaluation may take several weeks to several months to complete. A custody evaluator’s report can provide the judge and the parties with helpful information in structuring a custody and visitation schedule that will serve the children’s best interests.
Can a child custody order be changed?
A custody arrangement is not necessarily permanent. When circumstances change, a parent may be able to seek a modification of an existing custody order.
Whether a modification is appropriate depends on the circumstances and the terms of the existing order. Examples of situations that may lead a parent to consider a modification include a significant change in the child's needs, a parent's relocation, changes in a parent's circumstances, or concerns about the child's safety or well-being.
Because the legal requirements for modifying custody can depend on the specific circumstances of your case, it is important to review the existing order with an attorney before assuming that a new arrangement can simply be put in place.
What is a standard custody and visitation schedule?
There is no such thing as a “standard” custody and visitation schedule. Child custody arrangements can take a variety of forms and ideally should be structured to meet the particular needs and dynamics of a specific family. Depending on the circumstances, the child can live primarily with one parent and have periodic “visits” with the other parent on a regular and consistent basis, or parents can share custody on an equal basis, or follow some other schedule that allows each parent to spend substantial amounts of time with the child.
If parents are unable to agree on a new living arrangement for their child, a judge will make this decision for them after conducting an extensive hearing. At this hearing, the judge will attempt to determine what arrangement is in the “best interest” of the child.
What happens when a parent doesn't follow a custody order?
If a parent is not following the terms of an existing custody order, there may be legal remedies available. North Carolina law provides that custody orders are enforceable through contempt proceedings.
Examples of potential custody-order violations may include repeatedly denying court-ordered parenting time, refusing to return a child as required by the order, or otherwise disregarding specific requirements of the custody arrangement.
The appropriate response depends on the circumstances. Before taking action, it can be helpful to have an attorney review the custody order and the facts surrounding the alleged violation.
Does North Carolina favor mothers in child custody cases?
No. North Carolina law does not create a presumption that a mother or father should receive custody. When parents dispute custody, the court considers what arrangement will best promote the child's interests and welfare.
Is 50/50 custody required in North Carolina?
No. There is no requirement that parents have an exactly equal division of parenting time. Custody arrangements can take many forms depending on the child's needs and the circumstances of the family.
Can my child choose which parent to live with?
A child's preferences may be relevant depending on the circumstances, but a child does not simply get to make the final custody decision. The court's responsibility is to determine an arrangement that promotes the child's best interests.
Can I move out of state with my child?
A parent's relocation can raise significant custody issues, particularly when the move would affect the other parent's parenting time or the existing custody arrangement. If you are considering moving with your child, speak with a child custody attorney before making plans that could affect your custody case.
If my ex-spouse doesn’t allow me visitation, I don’t have to pay child support, right?
Wrong. Child support and custody are independent issues and as such child support may not be conditioned on visitation. However, if your ex-spouse is denying you visitation with your children, you should consult an attorney about options for establishing a court order for custody and visitation.
My wife had an affair during our marriage. She is now unfit to have custody, right?
No. Adultery in itself does not make a parent unfit to have custody. Ask yourself how her affair affects her ability to parent the child. There must be a connection between wife’s adultery and its effect on the child. A judge may consider whether a parent is subjecting the child to improper influences that are not in the child’s best interest.
Will the children have to testify in a custody proceeding?
A custody dispute can be very stressful and emotional for parents, so imagine how a custody dispute affects a child who loves both parents. Rarely, should a child testify in a custody proceeding.
However, there are some extraordinary cases where it is necessary for a child to testify. If a child does testify in a custody proceeding, the child may testify in open court in front of his/her parents. However, the better practice is for a child to talk with the judge in the judge’s office.
What happens if my child's other parent violates our custody order?
A custody order is legally enforceable, and North Carolina law provides for contempt proceedings when a custody order is disobeyed. The appropriate legal response depends on the nature and circumstances of the violation.
Do I have to go to court to resolve a custody dispute?
Not necessarily. Some parents are able to resolve custody and visitation issues through negotiation or mediation. However, when parents cannot reach an agreement or serious safety or other legal concerns exist, court intervention may be necessary. North Carolina law encourages child-centered agreements and provides for mediation of many custody disputes.
Can grandparents be awarded visitation?
Under limited circumstances, grandparents may be awarded visitation. If you are a grandparent seeking visitation, you should consult an attorney to determine whether you can be awarded visitation by a court.
Can grandparents file a lawsuit for custody?
In a custody dispute between a parent and a non-parent, the North Carolina Supreme Court has held that the parent will prevail unless the parent is unfit, has neglected the child, or has engaged in other conduct which is inconsistent with the parent’s protected parental status. If you are involved in this type of dispute, consulting with a North Carolina child custody attorney can help you understand your rights and the legal standards that apply. Under limited circumstances, a grandparent may also request visitation with a grandchild if there is an ongoing custody lawsuit between the parents.
Talk With an Experienced North Carolina Child Custody Attorney
Child custody decisions can affect your relationship with your child for years to come. If you are facing a custody dispute, considering a modification, or simply unsure about your parental rights, getting legal guidance can help you move forward with greater clarity.
Contact Ward Family Law Group to schedule a consultation with one of our North Carolina child custody attorneys. We have offices in Cary and Wake Forest and serve clients throughout Wake County and surrounding communities.