Child Custody

Child Custody

Child Custody

Child custody matters are often the most emotionally challenging aspect of family law. Determining where a child will live and how important decisions affecting their upbringing will be made can be a complex and deeply personal process. When parents are unable to reach an agreement on a custody arrangement that best serves their family’s needs, the court must make that determination. The litigation process can delay resolution and, because of its adversarial nature, often intensifies conflict between the parties. Unfortunately, children are frequently caught in the middle.

At Hatcher Law Group, we encourage parents to work toward resolving custody matters outside of the courtroom whenever possible. However, when litigation becomes necessary, our attorneys bring extensive experience representing clients in highly contested and complex custody disputes. These matters may involve children with special needs, allegations of substance abuse, or claims of physical or sexual abuse. In every case, we remain focused on protecting our clients’ interests while advocating for outcomes that support the well-being of the children involved.

Physical Custody and Legal Custody

In North Carolina, there are two aspects of child custody: physical custody and legal custody. Physical custody defines where a child will reside and the parenting time schedules. A parent may have sole physical custody, meaning the child is in his or her exclusive physical care. Alternatively, parents may have joint physical custody, also referred to as shared custody, of their child. Joint or shared custody can be a parenting schedule that allows parties to divide the physical custody of the child based on a percentage of time on a rotating basis. Legal custody defines which parent has decision-making authority regarding major issues, such as a child’s medical care, education and religious preference, as well as the child’s general welfare.

Child Custody Litigation

When a custody case is litigated in North Carolina, a judge must make a decision based on which parent will best promote the interest and welfare of the child – this is often referred to as the “best interest of the child” standard. There are many factors a judge will consider when determining which parent will best serve the interests of the child. These factors may include the physical and mental capacities of the parties, historical caretaking responsibilities of the parties, work requirements of the parties, and domestic violence issues, just to name a few.

While a parent may believe he or she knows what is in the best interest of the child, that parent will have the opportunity to present testimony and evidence supporting his or her contentions to try to convince the judge of this opinion. Ultimately, the decision is in the hands of a judge if the matter progresses to trial and the parties cannot reach an amicable settlement.
No. A common misconception in child custody cases is the idea that the court will favor the mother over the father. North Carolina Law states that no presumption between mother and father will apply to which parent will better promote the interest and welfare of the child.

Court-Ordered Mediation

The state of North Carolina requires both parents to participate in a process called mediation before a judge will hear the case. Mediation sessions can be conducted privately, where the parties have hired a mediator, or through a court-ordered, court-run program. A mediator will work with both parties in an attempt to resolve their matter and keep it from going to trial.

If child custody issues are resolved through mediation, the mediator will prepare a parenting agreement setting forth the terms of the custody settlement. However, the mediator cannot provide legal advice to either party. Before signing the parenting agreement, both parties are strongly encouraged to consult an experienced family law attorney to review the document and to answer any questions. Taking this additional step could be critical in avoiding future conflicts related to a child custody matter.

Once parties agree to the conditions of the parenting agreement, then the agreement can be adopted as an order of the court and subject to enforcement, contempt, and modification.

If the mediation is unsuccessful, then the parties may have to proceed with litigation in order to resolve their issues.
Parenting Education

Parenting Education

In Mecklenburg County, the parties involved in custody and visitation lawsuits, including contempt motions and motions to modify existing custody orders, are required to attend a parenting education course, which focuses on how children are affected by divorce and family transitions, and how parents can minimize the impact these changes have on children.

Modifying a Child Custody Order or Agreement

If the terms of custody are in a court order, a parent may always request a modification of that order. As children grow, their needs change, as do their preferences for activities. In order to modify a custody order, or an agreement related to custody that has been incorporated into a court order, the party requesting a modification must show that a substantial and material change of circumstances has occurred since entry of the current order in effect, and that it is in the best interest of the child to change that order. If the custody terms are in an agreement which has not been incorporated into a court order, the parties will need to amend their agreement or file a new custody action for the purposes of entering a consent order which sets out their custody terms.

Experienced Child Custody Attorneys

Child custody disputes often involve some of the most important decisions a family will face. An experienced family law attorney can help you understand your rights, your obligations, and the options available to you as you move forward. The attorneys at Hatcher Law Group serve as trusted advisors and advocates, providing thoughtful guidance and strong representation during what is often a difficult and emotional time. If you are facing a child custody matter, contact our office to schedule a consultation with one of our experienced family law attorneys.

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Hatcher Law Group

Hatcher Law Group is a boutique family law firm located in Uptown Charlotte, North Carolina, dedicated to delivering thoughtful strategy, trusted counsel, and steadfast advocacy. We are committed to safeguarding what matters most at every stage of the process.

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Charlotte Office

The Davenport Harris Building
801 East Trade Street, Ste 100
Charlotte, NC 28202

Phone: 704-375-3911
Fax: 704-927-3672