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To speak with a Charlotte child custody attorney regarding your specific situation, call at 704-412-1442.
Custody arrangements may be issued on a temporary or permanent basis, but are ALWAYS modifiable. Whether your child custody arrangement is negotiated through a separation agreement, entered as part of a parenting plan, agreed to as part of a consent order, or actually ordered by a judge, the provisions can always be changed in the future. Either party to a custody arrangement may initiate a modification of custody upon a showing of a substantial change in circumstances that impacts the welfare of the child(ren). Assuming a case proceeds to trial and that a judge agrees that a substantial change in circumstances has occurred, the judge will then make a decide whether and how to modify the child custody arrangement based on the "best interests of the child" standard. Our Charlotte Mecklenburg custody lawyer is prepared to help you file, negotiate, and/or litigate your modification claim.
To speak with a Charlotte child custody attorney regarding your specific situation, call 704-412-1442.
When making a child custody determination, North Carolina courts use the "best interest of the child" standard. This means that the court will consider various factors centered around the child(ren)'s well-being to determine custody issues. Anything and everything that does and can impact the child(ren) involved may be considered by a judge in making a child custody ruling. However, the equal protection clause of the US Constitution prevents a judge from presuming that one parent should have custody of the child(ren) based the sex of the parent, and the sex of the parties should be irrelevant to a judge when ruling on child custody.
A judge may make a determination regarding both physical custody and legal custody of the child(ren) using the best interest standard. Physical custody refers to where the child(ren) will live, while legal custody refers to who will make important decisions regarding the child(ren). Primary physical custody may be given to one party with the other party being entitled to reasonable visitation, or the parties may be given joint custody with more of an equal time split between the parents. Legal custody may also be primary or joint.
For more on the best interests standard and items a judge may consider when making a custody ruling, view our list of questions to consider in a child custody dispute.
*Negotiate custody provisions as part of a separation agreement or consent order.
* File for custody and represent you at trial.
* Modify an existing child custody order.
* Enforce a current child custody order.
* Register an out of state custody order in NC.
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Call today to speak with an attorney regarding your Child Custody matter OR click below to visit Prism's contact page.
BLOG: View Prism's family blog here.
To speak with a Charlotte child custody attorney regarding your custody situation, call Prism today at 704-412-1442.
Our Charlotte based child custody lawyer is well versed in NC custody law and is able to help with your custody needs in Mecklenburg and Cabarrus Counties. When ending a relationship, child custody is often the most emotionally charged and difficult topic a couple will face. The majority of custody disputes are settled out of court between the parties involved and their attorneys, often by using a separation agreement or consent order. Custody arrangements can be as flexible as the parties involved wish, assuming the parties are able to resolve their dispute without litigation. If the parties involved in the action cannot determine custody on their own, then court involvement may be necessary.
The procedure and steps in a child custody case may vary slightly from county to county, but the NC court system requires all parties involved in a custody lawsuit to complete a parent education class and mediation. If mediation is unsuccessful, the custody dispute will be calendared for trial. The parties may still negotiate a custody settlement up to the point of trial in the form of a parenting arrangement or consent order. Our Charlotte custody attorney is prepared to help with all aspects of custody disputes, whether that be negotiating a custody settlement through a separation agreement or consent order, or by filing suit and proceeding towards trial for disputed and more highly contentious custody cases.
10130 Mallard Creek Rd
Charlotte, NC 28262