Child Custody Establishment & Modification

Child Custody Attorneys

Divorce or legal separation is especially challenging when minor children are involved. Child custody laws in North Carolina aim to uphold the child’s best interests so they can continue to grow and develop despite the changes in their life. Our family law attorneys can help you understand child custody and the laws surrounding it as they apply to your unique circumstances. Once child custody agreements are established there may be significant changes to one or both former spouse’s lives that warrant a modification to the child custody order. For modifying a child custody order, one parent must request modification with the court, and the judge must agree. Our Asheville family lawyers can efficiently establish an initial child custody order as well as aid in the modification and enforcement of the order in the years following the divorce. Our goal is to meet our client’s needs while reaching an agreement that is best for the child or children involved. Contact our family lawyers today to schedule a consultation with our dedicated child custody attorneys.

What Is Child Custody?

Child custody refers to the total care of a child, and laws are established to dictate the legal and physical custody of a child. Legal custody involves a parent’s ability to make executive decisions for the child, including education, healthcare, and religious decisions. Physical custody refers to the parent the child lives with.

What Is Sole Custody?

Sole custody allows one parent to have legal and physical custody of a child. To obtain sole custody over a child, custody hearings are required, and evidence must be presented supporting sole custody, such as the following.

• The parent is incarcerated or unable to be in the child’s life
• One parent has a drug or alcohol problem
• One parent does not want to care for the child
• One parent has a history of abuse
• One parent is an inefficient communicator

What Is Joint Custody?

Joint custody allows parents to have shared responsibility for a child, which often allows one parent to be the primary joint custodian. Oftentimes, the child spends most of their time with the primary custodian while the secondary custodian is given visitation rights or time-sharing benefits to staying in the child’s life. This type of custody is the most favorable form of child custody for the parents and the children.

How Is Modification Of Child Custody Determined?

People’s lives are ever changing and it is common for child custody agreements to require modification over time. In order for the court to agree on the modifications of child custody, parents must have a compelling reason and evidence to have an agreement modified. The reasons for modification include the following.

• A custodial parent has their working hours changed sub
• Drug or alcohol issues
• A custodial parent is moving a substantial distance away

A modification to the child custody order requires a significant life change for the court to agree, which is why it’s important to contact our Asheville family attorneys to obtain legal guidance and obtain your desired results.

How Our Asheville Child Custody Attorneys Can Help

While establishing or modifying a child custody order may seem daunting and challenging, our family attorneys are here to help you navigate this complex process. Our family lawyers are dedicated to providing the legal guidance you need and deserve. We are highly skilled and knowledgeable about child custody and are focused on helping to achieve your desired outcome. Contact us today to schedule a personalized case consultation and learn more about the options available to you and your family.