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Child Custody

Experienced Child Custody Lawyers

At Daly Mills Family Law, our dedicated North Carolina child custody attorneys know that when spouses who share minor children divorce, the kids become the focal point of the marriage’s dissolution.

Your kids are the most important thing in your life, and preserving their futures requires a strategic legal approach that helps ensure they can continue to experience the same lifestyle they grew accustomed to before their parents went their separate ways.

We can help.

Our dedicated child custody attorneys have offices conveniently located in both Mooresville and Charlotte, making us easy to find and even easier to reach, so our clients can achieve their goals in the way they want to achieve them.

More importantly, our family lawyers do our jobs because we care about our clients and only take a limited number of cases each month to ensure everyone gets the personal attention they deserve.

When you are ready to talk, we are ready to fight for what you hold dear.

Does North Carolina Require Parents to Pursue Child Custody Agreements During Mediation First?

The goal of the North Carolina family courts is to encourage parents to resolve their child custody disputes during mediation before their arguments will be heard inside the courtroom.

Ideally, when parents can come to a child custody agreement on their own, it promotes the children’s best interests while reducing unnecessary litigation.

When North Carolina parents can reach a child custody agreement out of court, the details must clearly outline the duties of each parent regarding child custody and be presented to the court for approval.

If the parents cannot reach a child custody agreement on their own or during mediation, the case can be litigated by their respective family law attorneys inside the courtroom during the divorce proceedings.

How Does the Judge Decide Who Gets Custody of the Children in North Carolina?

When parents cannot reach a child custody agreement without the court’s involvement, the judge will go into the proceedings expecting both parents to equitably share their parenting duties.

However, once the case enters the courtroom, the judge understands each parent is typically asking for a vastly different outcome. That means he or she will have to weigh the facts of the case to determine where the dispute lies, and how to resolve it to best promote the interest and welfare of the child.

The North Carolina child custody statute requires the judge to consider all relevant factors regarding the child’s well-being, including:

  • Age of the child
  • Specific needs of the child
  • Caretaking ability of each parent
  • Each parent’s time available to spend with the child
  • Nature of each parent’s home environment
  • Child’s relationship with each parent and with other siblings, when applicable
  • Ability of each parent to provide for the child
  • Safety of the child
  • Acts of domestic violence between the parents

North Carolina judges have wide discretion when making child custody determinations outside of the factors listed. However, each judge’s decision must include written findings of fact that demonstrate why they ruled in one parent’s favor, or why they arrived at the decision to divide custody and visitation between both parents.

Proven Child Custody Attorneys in North Carolina

Our skilled North Carolina child custody lawyers listen to each of our client’s unique stories and provide the compassion they need to know someone is listening. We then outline their customized legal needs with skill and precision, so they know we are fighting for a successful outcome.

As part of our commitment to the greater Lake Norman area, and the rest of our fellow North Carolinians, our law firm was featured in Limitless Magazine to shine a light on combining our compassion with the legal skills necessary to protect our clients’ futures.

When you partner with our skilled North Carolina family law attorneys, you can expect dedicated legal services tailored to fit your needs.

By nature, family law is deeply personal and private. We can help ensure it stays that way.

Contact Our North Carolina Child Custody Attorneys Today for a Consultation

At Daly Mills Family Law, our child custody attorneys in North Carolina focus on each of our client’s unique legal needs, and that begins by keeping our caseloads small. Each time you contact our office, you will have access to attorneys and support staff who can answer your questions, allay your fears, and develop practical legal solutions that make sense.

It’s a jungle out there. Protect what’s yours. Contact our child custody lawyers today at 704-878-2365 or online to develop a partnership that produces actual results.

Frequently Asked Questions for Our Child Custody Attorneys in North Carolina

Can Spouses Make Child Custody Agreements During the Separation Period?

Yes. In fact, it is encouraged. When parents can determine child custody arrangements as part of their separation agreement, the details can carry over into the final divorce agreement, so there is less to consider once the one-year waiting period expires.

Can My Children Choose Who They Want to Live With During a North Carolina Divorce?

The short answer is, no. Children cannot simply decide which parent to live with under North Carolina’s family law statutes. However, a child’s preference to live with either parent can be taken into consideration by the court during a child custody case.

What is the Difference Between Legal Custody and Physical Custody in North Carolina?

In North Carolina, legal custody determines which parent (or both) has the right to make major life decisions about a child, including their education, religious upbringing, and medical care. Physical custody is the right to have the child in your primary care. The parent who is not awarded physical custody will have visitation rights, or what is called secondary child custody in North Carolina.

Contact our child custody lawyers today at 704-878-2365 or online to develop a partnership that produces actual results.

Don’t take our word for it …

See What Our Clients Are Saying

“I was impressed working with Judith Daly. Judith was responsive, caring and answered every question I had by email or by phone. She’s very diligent. I would highly recommend her to any of my current or future clients.”

- Amy Kyker

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