Legal Insights

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.

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.

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.

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.

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.

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.

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.

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.