Child Custody FAQs2021-10-25T11:40:25-04:00

Child Custody FAQ

Hear from our Family Law Attorneys directly as they answer frequently asked questions about child custody.

How do the Courts Determine a Custody Schedule?2021-10-19T11:15:57-04:00

In this video, Family Law Attorney Rebekah Morrison explains how the courts will determine a child custody schedule. The first step is to go through mediation where both parties try to work out an arrangement that is agreeable to all. If mediation is unsuccessful, then there will be a hearing in front of a judge. An attorney will then need to prepare and present your case.

No matter which route you go, at the end of the process, you will have a custody schedule that will give both you and your child some stability.

If you need a custody schedule, contact one of our Family Law Practitioners today!

What Does “In the Best Interest of the Child” Mean?2021-10-19T13:27:15-04:00

In this video, Family Law Attorney Erica Jackson defines the term “best interest of the child.” She explains that many factors go into determining what that constitutes: who goes to appointments, who takes care of the children at home, or if there are any substance abuse issues. Ultimately, the court will do what is in the best interest of the child when it comes to custody. Usually, this means joint or 50/50 custody, but not always.

If you are struggling with a custody dispute, contact one of our Family Law Attorneys today and set up a consultation!

What Mistakes Should Be Avoided During a Custody Dispute?2021-10-19T11:20:47-04:00

Family Law Attorney Jessica Young explains the top three most common mistakes she sees parents make during custody disputes that can result in severe consequences.

The courts want to see that the parents are able to put their differences aside and parent the child together, so refusing to co-parent is a big mistake. Likewise, refusing visitation is also a mistake unless there is an honest belief the child is in danger, in which case, an emergency custody order needs to be sought. Finally, social media and text messages are often used against parents in court. Parents need to remember to act with decorum online.

If you are seeking a custody order, give one of our Family Law Attorneys a call today!

 

Can I Refuse Visitation if My Ex Fails to Pay Child Support?2021-10-19T11:27:27-04:00

Family Law Attorney Jessica Young explains that in North Carolina, your ex still has visitation rights with your child even if they fail to pay child support. The consequences of a failure to pay include garnished wages, fines, and jail time.

If you need help collecting child support, contact one of our experienced Family Law Attorneys for a consultation today!

Can I be Charged With Kidnapping If I Don’t Take The Kids Back To My Ex Right Now?2021-10-15T12:14:15-04:00

No, without a court order dictating when each parent has custody of the kids, there is nothing that would require you to give the children back to your spouse whenever they demand that you do so. However, during custody disputes, the courts want the parents to set aside their differences and work together for the betterment of the children. Therefore, it would be a good idea to try and come to some sort of arrangement with your ex about when to drop off the kids that is agreeable to both of you.

Can I Change My Custody Agreement?2021-10-19T11:35:24-04:00

Family Law Attorney Jessica Young explains if there has been a change in your circumstance and you want to modify your custody order, there is a two-step process. First, you must file a motion to modify showing there is a substantial change in circumstance, like a move or a change in school. Second, you must show the change in custody is in the best interest of the child.

If you need help modifying your custody order, contact one of our Domestic Attorneys today!

What is a Substantial Change in Circumstance?2021-10-19T11:39:58-04:00

In this video, Domestic Attorney Rebekah Morrison explains what a substantial change in circumstance means and whether or not you may be eligible to alter your custody schedule.

Many things might be considered a substantial change in circumstance. The courts will look at anything that affects the well-being of the child. Things like criminal justice proceedings, substance abuse issues, even a new romantic partner on the part of the child’s caretaker may constitute a substantial change in circumstance.

If you think you might have a substantial change in circumstance and are thinking about modifying your custody order, contact one of our Family Law Practitioners today and find out!

How Do I Relocate with a Custody Order?2021-10-19T11:42:54-04:00

Family Law Attorney Rebekah Morrison explains several things you need to know before planning a move outside the Greensboro, North Carolina area and there is a concern about child custody.

The courts will always do what is in the child’s best interest. Therefore, they will want to know what the child’s life will look like in the new home, what school the child will attend, what the new neighborhood will be like, and what access to the other parent the child will have. Ultimately, the decision of whether the parent can relocate and still maintain custody is up to the judge but will come down to what is in the child’s best interest.

If you need to relocate and are concerned about custody, contact one of our experienced Family Law Attorneys today!

My Ex Left North Carolina with Our Child. What Can I do?2021-10-19T11:54:57-04:00

If your ex has left North Carolina with your child, immediately file an ex parte emergency custody motion and begin custody litigation. This is an emergency, time is of the essence. Don’t wait months to file!

If your ex has left the state with your child, contact one of our experienced Family Law Attorneys for help!

Can Kids Decide Who They Want to Live With?2021-10-19T11:59:04-04:00

No, a court can consider a child’s opinion but must not base their entire decision on the child’s wishes.

Do I Have Rights If I’m Not On My Child’s Birth Certificate?2021-10-19T12:02:21-04:00

Family Law Attorney Erica Jackson explains that in North Carolina, even if you aren’t on the birth certificate, as the biological father, you have just as much right to your child as the mother does. If your paternity is questioned, you can easily submit to a paternity test and resolve that issue at any time. However, if paternity is never in question, just go right into your custody case.

If you are a father seeking custody, give one of our Family Law Attorneys a call today!