Can Child Custody Lawyers Help You?

Child Custody Attorneys

Finding Child Custody Lawyers

If you’re going through a divorce, you’re probably a bundle of stress and nerves. It may be difficult to concentrate – and that includes sifting through pages of documents filled with legal jargon. If there are children involved, there is even more at stake than just your hard-earned cash and your home. The fabric of your family is being torn apart, and the best you can hope for is to have a fair custody arrangement so that you can continue to care for your children.

Fortunately, child custody lawyers are here to help you through this difficult situation. Child custody lawyers can explain the jargon associated with child custody and divorce laws in North Carolina, and help ensure the outcome that is best for your children.

Let’s look at what takes place during a child custody battle and how child custody lawyers can help you through every step of the way:

Initiating a Custody Action

A child’s parent, anyone with a relationship to the parent (or parents) and child, or grandparents can initiate a custody action. In the case of grandparents or other relations, they must be alleging parental neglect or unfitness in order to initiate a successful action.

Therefore, if you are the child’s parent and involved in a divorce, your soon-to-be ex-mother-in-law (that is, the child’s grandmother) cannot initiate a child custody action unless she is able to show that you are neglecting the child or are an unfit parent.

On the other hand, an ex-spouse can initiate a custody action for any reason. It is then in the hands of the court to reach a decision. Whoever may be trying to take your child away from you – whether it is the other parent in a divorce proceeding or a relative who believes they have the child’s best interests at heart, child custody lawyers can help you achieve the best possible outcome for you and your child.

What Sort of Custody is Being Considered?

North Carolina evaluates and issues two different forms of custody: physical custody and legal custody.

Physical custody represents where the child lives at any given time, while legal custody refers to which parent can make decisions for the children, from medical care to schooling, and more.

“Joint” custody and “sole” custody also refer to different types of custody, but these are not officially recognized by the law. These terms can vary in practice. A parent may have sole physical custody but joint legal custody, or vice versa. Child custody lawyers can sort it all out, and help you reach an agreement with your ex that is in the best interest of the child.

Evaluating Custody

During a court case, the judge will evaluate a variety of factors to determine what custody arrangement is in the best interest of the child. This is always the driving factor in a custody case. Child custody lawyers understand exactly what judges look for when they perform the “best interest of the child” test.

The judge will evaluate the following factors and others, including:

  • Acts of domestic violence

  • Sexual conduct of the parties

  • Which parent will nurture the child’s spiritual development

  • The parents’ ages

As you can see, there are a variety of reasons one parent may be given custody over another. Only child custody lawyers understand the subtle nuances judges use to determine what is in the best interest of the child.

When your family’s future and your relationship with your children is at stake, you don’t want to take chances. Let child custody lawyers sift through the legal jargon and argue your case so you can focus on what really matters to you – your children.

At Emblem Legal, we are experienced and current with the NC custody laws and precedent-setting cases. We understand the judge’s evaluation criteria and can help you achieve the best arrangement for the care of your children.