Child Custody & Family Law

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Raleigh North Carolina Divorce lawyer Kim’s practice concentrates heavily in the litigation of complex custody and equitable distribution cases. She also heads the firm’s appellate advocacy group. Kim has successfully represented many clients in domestic cases before the N.C. Court of Appeals. A member of
Leading North Carolina Divorce Lawyers of Gailor, Wallis & Hunt, PLLC

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Who will get the primary custody of your children?

That is the ultimate question that will pop up once a divorce started to run on the wheels of court. Along with the legal arguments and circumstances to nullify a marriage, there are also legal remedies that will be brought out to family courts to decide on the primary custody of the children.

In most instances, there are divorced parents who come into a mutual agreement with regards to the physical custody of their children. They set aside their differences and arrive on a shared custody of the children which means that they share a 50/50 legal as well as the physical custody of the children. As parents, they have nothing in mind but to raise the children in a loving environment that they used to have when divorce was not yet in the picture. Coming into a mutual agreement is a good move for settling the custody dispute of the children.

However, there are also instances where settling the custody dispute does not come with an immediate solution. Divorced parents are still battling out on the legalities of issues with regards to the legal custody of the children that needs to be brought out into family courts.

Just like any other cases filed in court, there is a hearing that will be conducted as an avenue for legal arguments and law interpretation. And your child custody lawyer will be doing the legal matters inside the courtroom.

A child custody lawyer will be your legal representative in family courts and will be the one who will establish your right for the custody of your children. By using out all legal remedies as well as circumstantial evidence that may be present, he will try to give to you the legal authority over your children.

Aside from being your representative in legal arguments, he will also be assessing your potential win in child custody cases. Often times, he will conduct a case review where he will evaluate all the details of your case as well as the remedies that you can use in battling out for your right over the custody of your children.

In addition, he will also be interpreting the laws of the state where the child custody case falls. Since laws vary from state to state, it is important that you also have an idea on state laws governing child custody. That is why it is wise that you get a child custody lawyer based within the state’s jurisdiction. Wide knowledge with regards to state laws will be your lawyer’s defense in battling for your custodial rights.

But remember, even when the child custody lawyer that you have hired is really good, the case will be decided by the judge according to the laws of the state as well as the pieces of evidence that you have presented. Your lawyer will be the one who will argue for your right, but certainly he will not be the one to dictate the outcome of your child custody case. It is still within you if you will win the case. That is why as mentioned earlier, most child custody lawyers conduct case review first before plunging in to legal arguments in courts.

Your children are at stake here - getting a child custody lawyer is a way to fight for your right to them.

Visit this page to learn how to pick an attorney best suited for your case

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Pete Cordelli interviews lawyer Miles Mason, Sr. of Crone & Mason, PLC, on the topics of Child Custody, Custody, and Family law in Memphis, Nashville, Brentwood, and Jackson TN.

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In North Carolina, finding a good child custody lawyer is not that easy. This is because of two reasons.

The first reason is that the best ones are usually occupied with a lot of things and cases that they do not have enough time left to take care of other cases. This may be because not every lawyer have the ability to get a good verdict when it comes to child custody. So people in North Carolina are relying on those with sufficient experience and capability to help them win their case.

The second reason is that laws in North Carolina are made by legislature. The judges only purpose is to make sure that they are followed by the letter. The rulings that are made in child custody cases have no effect on those that are made by other judges in likewise the same case.

From these reasons alone, you will know why it is that important to find and have a good lawyer represent every couple in their child custody cases if they are located in North Carolina.

If ever you are one of those living in North Carolina and is on the process of separating from your spouse, here are some things you need to consider when you are looking out for a lawyer to handle your child custody case.

1. Good lawyers come with high fees.

Since this is one of the cases that involves the happiness and well-being of your child or children, it is important that you take every action necessary to make everything work out well.

Looking for a good child custody lawyer in North Carolina does not come cheap. You will find that there are those who charge a huge amount of money on an hourly basis. That is why it is vital that you know first and foremost if you an afford the lawyer you have chosen. The price that you will be paying is only fair if you are going after the expertise and the qualities that the best lawyer can give.

Child custody in North Carolina can be a tedious, complex and long process. This is why you need the best lawyer to handle your case. You will need the services of a lawyer who knows the ropes and also knows how to get by the difficult system.

Paying the high fee for all these things is already an assurance that you can have a fair trial that you and your child can benefit from.

Once you have found the lawyer of your choice, you can start asking important questions regarding how child custody works in North Carolina. The answers that the lawyer gives will determine what kind of case you will be having and the consequences it will lead to.

2. A well-written and legal contract you have read and signed.

Having a contract about the fees and services that the child custody lawyer is one way of avoiding any future misunderstanding that may arise.

If you know the lawyer personally, you may not need to take this precaution. But if you do not, a contract is your assurance that everything will go about as you have talked and planned.

Before signing any document, you need to make sure that the lawyer knows about the laws that North Carolina dictates regarding child custody. You might end up paying someone that is not well versed on how child custody in North Carolina works.

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Here is a quick fact about child custody and the court system. Pretty much common sense but sometimes overlooked. Everything you say in court is recorded, every affidavit, every argument in a motion, every exhibit submitted becomes part of the court record.

There are exceptions of course, juvenile proceedings, which are closed by law, and some cases can be sealed by judge’s order to protect various interests, privacy and or confidentiality.

Generally however, everything in your custody case is available for anyone to see. If for instance someone for whatever reason is interested in the sordid details between the two parties. It is a very simple thing to access these records (public).

Let’s say that you are getting separated, and can not agree on child custody. Both you and your ex want primary custody, or sole custody, and after let’s say 11 years of being together you just flat out hate each other. You want to raise your children with very little visitation by your ex.

11 years is a lot of time to accumulate ammunition. What should you tell the judge about your ex? Most first impulses will be. 10 years ago she left the children alone to go to the store to buy more alcohol and her sister was arrested for drugs 9 years ago so I don’t want the children around them and so on.

You could really lay it all out for the court, and for everyone else who will read your file. Including possibly your children someday. There are lawyers who do recommend a massive character assassination. After all if your ex actually did these things, then you might have legitimate concerns. The ability to parent, substance-abuse issues, destructive behavior. I believe that dredging up a lifetime of baggage does neither of the parties any good!

After 11 years of marriage, one parent may be really angry, and is going to bring up a lot of irrelevant, highly subjective, unproven, and embarrassing information in an attempt to demean the the other parent. That is a pretty crappy thing to do, and does not bode well for the kids or the custody case. Out of all the the garbage that the parent wants to talk about, the only thing that is relevant is what is in the best interest of the children!

It is far better to take the high road. Stick to the recent facts, and track statutory criteria used by every judge in every custody determination. What is in the best interest of the children? Who is able and willing to meet the children’s needs? Who can offer stability and safety? Who encourages a relationship between the children and the other parent?

Litigants who can answer the above questions with a good answer tend to win child custody. Lawyers who use such questions as guidelines in arguing their client’s cases tend to win as well. That is not to say that highlighting inappropriate conduct on the other party’s part is not sometimes necessary, or that it should never be done.

Be prudent in the mud you sling, sling it only if it is relevant to your child custody case, and only if it is crucial for the judge to know in making a decision!

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