Your Children And Their Future Are Worth Fighting For
At Daly Mills Family Law, we take the time to get to know you and your situation to allow us to aggressively represent your best interests in mediation and in court in all child custody disputes. Our family law attorneys handle only a small number of cases to allow us to spend significant time and resources on your child custody or visitation case because we understand how much your family means to you.
Common North Carolina Child Custody Questions
In a North Carolina contested custody case, the court will order mediation in an effort to resolve disputed child custody matters, but the mediation may be waived by the court if there is severe hardship or emotional concerns. The mediation is a confidential meeting, and if the parents are able to agree on visitation and custody, the agreement must be in writing. If the parents are unable to resolve custody issues, the court will use its discretion to award custody and visitation.
- What is joint custody? The court can award joint or shared custody between parents if the decision is in the best interests of the child. If necessary and if it is in the best interests of the child, the court may also award sole custody.
- What is a “parenting agreement”? A parenting agreement is the written agreement from mediation that is accepted by the court as a final child custody court order. The parenting agreement should describe custody rights and visitation hours.
- What are my custody rights as an unmarried father? Unmarried fathers’ rights to child custody and visitation are the same as married fathers’ rights. There are also ways for a father to show that he is the biological father if it was not accomplished at the time of the child’s birth.
- Can I dispute the other parent’s custody rights post-divorce or post-separation? A post-divorce modification is possible if there are changed circumstances for either parent. Changes may include moving out of North Carolina, domestic violence, abuse, neglect, death of a party or substance abuse.
- Does NC allow grandparent visitation? Visitation rights may be granted at the discretion of the court to any grandparents when a “substantial relationship exists between the grandparent and the child.” Grandparents are not entitled to visitation rights under North Carolina law, however, when a child’s biological parents have terminated their rights and the child has been adopted.