The attorneys at Emblem Legal are broadly knowledgeable and deeply experienced at successfully handling family law cases which involve the permanent or temporary custody of children who are involved in separation or divorce proceedings. If your family finds itself embroiled in legal issues surrounding the dissolution of a marriage, choose Emblem Legal to be your child custody lawyers.
Simplified overview of North Carolina Child Custody Laws
If a custody case is challenged, placement of any offspring is determined by a judge based on his or her opinion of what is in the best interests of the children. The court takes into account all pertinent issues, including previous acts of domestic violence in the home or safety issues involving the juvenile family members, before making a decision. And, in North Carolina there is no automatic assumption about who is naturally the best person to promote the interest and welfare of the children – be it mother or father, or be it a natural or adoptive parent. Naturally, you will want an attorney who is well versed in these types of cases, and who can present your case competently, such as the attorneys from Emblem Legal.
Our lawyers know that any order that establishes custody can grant it jointly to the parents, exclusively to one person, to an agency or institution, or to two or more of these options. The order also will include visitation rights and scheduling and may, or may not, include visitation for a grandparent. All decisions of the court will be based solely on what your attorney presents as the scenario that will be in the best interest and welfare of the children.
If Child Custody is Challenged
In North Carolina, if child custody is challenged, the family court judge will order the family to participate in mediation, exclusive of lawyers. The reasons are both emotional and practical:
- To help relieve hostile feelings between the parents or the adults who are disputing custody
- To negotiate living and visitation agreements that are in the child’s best interest
- To eliminate the possibility of future such disputes and disruption of the lives of those involved
- To provide a neutral and private setting that will minimize stress and tension while arrangements are being discussed
If a military parent has sole or joint custody of his or her child and gets deployed to a location that is a significant distance away from home, the family court will issue a temporary order during the parent’s absence. This temporary arrangement will terminate within ten days of the parent’s eventual return.
In North Carolina, a custody order can be changed if a parent or another involved person can prove that circumstances have changed significantly enough to call for different living arrangements.
The competent attorneys at Emblem Legal know these laws and understand the kinds of information required to prove or disprove each issue. So, turn to Emblem Legal for lawyers who will represent you best.