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Child Custody Attorneys

Protecting Your Family’s Future

When it comes to your children, nothing is more important than their well-being. If you are facing a child custody issue, we understand how overwhelming and emotional it can be. At The Law Office of Nathan Earwood, our child custody attorneys provide the compassionate, skilled representation you need to navigate this difficult time with confidence. With over 90 years of combined experience and hundreds of 5-star reviews from satisfied clients, our child custody lawyers in Asheville, Waynesville, Sylva, Franklin, and Robbinsville are here to help you protect your family’s future.

Why Choose Our Child Custody Attorneys?

Trusted Experience and Knowledge You Can Rely On

When you’re facing a child custody dispute, you need more than just a lawyer – you need a child custody attorney with the knowledge, experience, and track record of success to fight for what’s best for your children. At the Law Office of Nathan Earwood, our child custody lawyers offer:

  • Unparalleled Experience: Our team has a wealth of experience handling child custody cases across western North Carolina. We bring a deep understanding of North Carolina child custody laws, local laws, courtroom procedures, and mediation processes to every case.
  • Hundreds of 5-Star Reviews: Our clients consistently rave about the personalized attention, empathy, and expertise we offer. We are proud of our reputation for achieving favorable results in even the most challenging custody disputes.
  • Convenient Consultations: Whether you prefer an in-person meeting, a virtual consultation, or a phone call, we are here to make the process as easy as possible for you.
  • Commitment: We are committed to fighting for the best interests of your children, whether through mediation, negotiation, or court action.
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Understanding Child Custody in North Carolina

In North Carolina, child custody is divided into two categories:

1. Physical Custody:

Physical custody refers to where the child lives. The parent awarded physical custody is responsible for the child’s day-to-day care.“

2. Legal Custody:

Legal custody involves decision-making authority for the child, such as decisions about education, healthcare, religion, and other major life events. Common terms for this are “joint” and “sole.”

Whether you’re seeking custody or need help negotiating visitation rights, our child custody lawyers can help you understand your rights and options.

The Best Interests of the Child: North Carolina’s Approach to Custody

In North Carolina, the court’s primary concern is always the best interests of the child. When making custody determinations, the judge will evaluate numerous factors, including:

  • Each parent’s ability to care for the child emotionally, mentally, and physically.
  • The child’s current living environment and whether it provides a stable, safe, and nurturing space.
  • The parent’s ability to provide a positive, supportive home and maintain a regular schedule.
  • The child’s emotional bond with each parent, especially in cases involving older children who can express a preference.

 

These factors can play a major role in whether you are awarded primary custody or a more balanced shared custody arrangement.

How Our Child Custody Lawyers Can Help You

We’ll Help You Navigate Mediation and Court Hearings

When custody issues cannot be resolved amicably, mediation may be necessary. In North Carolina, mediation is required in all contested custody cases before going to trial. Our child custody attorneys are skilled mediators and litigators who can guide you through this process, ensuring that your case is handled with professionalism and care. If mediation isn’t successful, we’re fully prepared to advocate for you in court to protect your children’s future.

Creating Parenting Plans and Visitation Schedules

For parents who are not awarded physical custody, it is critical to maintain a meaningful relationship with your child. Our child custody lawyers can help you create a detailed and practical parenting plan that includes:

  • Holiday and vacation visitation schedules.
  • Transportation arrangements to ensure your child’s needs are met.
  • Guidelines for communication with the child and co-parenting after separation or divorce.

If visitation rights for grandparents or other family members are in dispute, we can also help secure those relationships where applicable.

Frequently Asked Questions

Physical custody refers to where the child lives, while legal custody involves decision-making authority regarding significant aspects of the child’s life, such as education, healthcare, and religious upbringing. In many cases, both types of custody are shared between parents, but this can vary depending on the circumstances.

Can my ex-spouse stop me from seeing my child?

Unless there is a valid reason, such as abuse or neglect, your right to visitation should not be denied. However, without a valid court order, there is nothing preventing your ex-spouse from stopping you from seeing your child. If you believe your ex is unjustly withholding visitation, our child custody lawyers can help you seek enforcement of your custody order.

Can I move out of state with my child?

Relocating with a child, especially out of state, can impact custody arrangements. If you share custody or visitation rights, you will likely need court approval before moving if it will impact the other parent’s schedule. Our child custody attorneys can help you navigate the legal requirements and advocate for your child’s best interests in the event of a move.

What happens if my custody agreement is violated?

If your ex violates a custody order, it’s important to act quickly. Our child custody lawyers can help you seek enforcement and, if necessary, modification of the custody agreement to address violations and protect your parental rights.

Do we need to go to court to settle custody issues?

Not necessarily. While litigation is an option, many parents are able to reach agreements on custody and visitation through negotiation or mediation. Our child custody attorneys will work with you to explore all possible options to avoid the stress and cost of a trial.

How does the court decide custody in North Carolina?

North Carolina courts use the best interest of the child standard to determine custody. This means the judge will consider factors like each parent’s ability to provide a safe and nurturing environment, the child’s emotional and physical needs, and the parents’ willingness to cooperate. Mediation is typically required before a court hearing.

What happens if we can’t agree on custody?

If parents cannot agree on custody through mediation, the court will make a final determination based on the evidence presented. Our team can represent you in court to ensure your voice is heard and your child’s best interests are protected.

Can grandparents get visitation rights?

In some cases, grandparents may be granted visitation rights, but this is only if the court determines it is in the child’s best interests. If you are a grandparent seeking visitation, our attorneys can help you explore your legal options as grandparent rights are incredibly limited in North Carolina.

Ready to Discuss Your Custody Case? Contact Us Today

At the Law Office of Nathan Earwood, we know that custody issues are not just legal matters—they’re personal. Our family law attorneys are here to listen, understand, and help you find the right solution for your family. Whether you are going through a divorce, facing a custody battle, or need help with custody modification, we are here to help every step of the way.

To schedule a consultation with one of our experienced child custody attorneys, contact us today. We offer virtual consultations, in-person meetings, and phone consultations to fit your needs. Let us help you protect your children and your rights.

Call 828-354-4300 or contact us online to get started.

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