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The Nesmith Firm, PLLC The Nesmith Firm, PLLC
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Family Law
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Charlotte Child Custody Lawyer

North Carolina Attorney Serving Charlotte, Matthews & Union County

Divorce can be very destabilizing for all parties involved, especially children who have little understanding of it. As a parent, your children’s wellbeing is generally of the utmost importance. When facing the process of divorce, you will likely be anxious by how it will affect their wellbeing and your relationship with them going forward. This is a matter that can cause extreme stress and uncertainty, as you face the many decisions and details that will need to be worked out through this transition. 

At The Nesmith Firm, we are well-aware of the deep impact child custody can have on families. This issue can be the most emotionally draining which is why it is vital to have the counsel and support of an experienced family law attorney. How it is resolved can have long-term consequences for the life of your child as well as for child support determinations. Our firm is here to provide you with the legal and human support you need in navigating this issue. Our aim is to help you obtain the best possible outcome in alignment with your needs and objectives. 

Reach out to our Charlotte child custody attorney at The Nesmith Firm online or at (704) 741-7363 for a consultation about your case. 

Child Custody in North Carolina

In North Carolina, as in other states, child custody is broken down into two types. 

These are:

  • Physical custody. This refers to where and with whom the child will live. In joint custody, the child will spend time with both parents in an agreed-upon schedule of overnights. This can be for substantial time with both parents although not necessarily equal time if schooling or daycare is a limiting factor. In sole physical custody, which is rare, the child will live with only one parent. 
  • Legal custody. The refers to legal authority to make major life decisions concerning the child. These can include educational, health care, religious, and other important factors in the child’s life. When joint legal custody is awarded, parents have the right to make these decisions together. In sole legal custody, only parent has this authority.  

“Parenting time” is another name for visitation. Where one parent has primary physical custody of the child, the other parent will be provided and protected with parenting time as ordered by the court. This court order makes his or her parenting time legally enforceable. In cases where a parent is denied his or her scheduled parenting time by the other party, he or she can go through the court to have it enforced.

Parenting time can also be awarded to unmarried fathers by the courts after establishing paternity. Paternity will also obligate the father to provide child support. 

Reaching an Agreement on Child Custody

You and the other parent can reach a child custody and visitation agreement on your own outside of court through negotiation or mediation. Your agreement can then be formalized and submitted to the court for approval. Approval is likely as long as the court deems the agreement to be in the best interests of the child. If you cannot agree on the matter, your case will go to trial where it will be decided by a judge based on evidence presented by both parties. 

Turn to an Experienced & Trusted Charlotte Child Custody Attorney

 If you are facing a child custody matter, whether through a pending divorce or in a post-divorce or paternity situation, The Nesmith Firm can help. Our Charlotte child custody lawyer is dedicated to protecting your parental rights and helping you secure an optimum result that will work now as well as into the future. 

Contact us today by calling (704) 741-7363 to learn more about how our Charlotte custody lawyer can help with your custody matter!

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