Everyone is always so kind from Casie and Christina at intake, to the paralegals and attorneys. They promptly answer all questions.
Child custody is one of the most litigated issues in divorce. With an exceptional legal team that includes several attorneys who are board-certified by the North Carolina Board of Legal Specialization as family law specialists, Ellis Family Law, P.L.L.C., can guide you through the process used to determine child custody in North Carolina. We proudly represent parents throughout the Triangle area from our office locations in Durham, Cary, Pittsboro and Wake Forest.
There are two types of child custody in North Carolina:
A huge change for North Carolina families occurred in May 2011 when Ellis Family Law successfully argued in the case Baumann-Chacon v. Baumann that the trial court should have jurisdiction to determine custody and child support prior to the parties physically separating from one another. The Court of Appeals has now agreed that the state’s interest in protecting minor children also includes allowing a trial court to enter an enforceable custody and child support order prior to the parent’s separation.
Now, when parents of minor children plan to separate and divorce but cannot agree on custody of the minor children, they do not have to try to beat the other parent to the schoolyard to ensure they will have contact with their children while they are awaiting a court date. This clarification in the law should help minor children feel more secure about what will happen to them immediately after their parents separate.
If you and the other parent cannot agree on a child custody and visitation arrangement, the court will refer you to mediation. The only time mediation may be waived by the court is when there are issues of domestic violence and drug abuse or when one parent lives more than 50 miles away from the jurisdiction.
The North Carolina Administrative Office of the Courts (AOC) will provide you a free mediator through your county court system. As your lawyers, Ellis Family Law can answer any questions you have about the process.
If you and the other parent agree on a mediated solution, it will result in a parenting agreement. As your lawyers, Ellis Family Law will review your mediated parenting agreement and make sure you understand it before you sign it. After the judge signs this agreement, it will become a court order.
If mediation is not successful, your next opportunity to resolve your child custody case may be at a temporary hearing before a judge.
Custody matters don’t always involve just the child’s parents. Other adults, such as grandparents, aunts and uncles, or other relatives, may be able to seek custody of a child in certain situations. In order to seek custody or visitation, third-party candidates must meet certain criteria. The child’s parents may also need to be deemed unfit to care for the children in order for custody to be awarded to a nonparental relative.
We can help grandparents and other relatives take the necessary steps toward securing custody or visitation of a child.
Custody in North Carolina is awarded based on the best interests of the child. The parent’s personal wishes or the child’s preferences may be considered but will not be the deciding factor of how custody is determined. Instead, courts review various crucial factors, including:
By considering all of these factors, the courts look at the full picture regarding a child’s upbringing and welfare to determine how to award custody. We can help you better understand this process and develop a strategy to better your chances of a positive outcome.
The standard the court applies when determining custody is “best interest of the child”. Of course, that is in the eye of the beholder. In our area the court tends to err on the side of joint legal and physical custody. If someone wants something different it is often their burden of proof to convince the court that a different arrangement actually meets the best interest of the child.
Legal custody is the ability to access privileged records and make decisions relating to education, medical, religion and extra-curriculars. Physical custody is the actual amount of time a child spends with either parent.
Yes, custody orders are modifiable with a substantial and material change of circumstances that impacts the minor child.
Custody is determined based upon the best interest of the child standard. This means that the court looks at the needs of the minor child(ren) and the abilities of each of the parents to meet them. It is almost presumed in the Triangle area that joint custody is in the best interest of the child.
A “custody agreement” usually refers to either a parenting contract, provisions within a Separation Agreement related to custody or a custody consent order. A “custody order” usually refers to a judge-decided custody order, but could also reference a consent order, as well.
Having “emergency custody” means that there were statutory grounds to seek immediate, temporary relief relating to a custody claim. This typically involves an ex parte order, which is reviewed within 10 days of its issuance with both parties having the opportunity to be heard. Statutory grounds include the child being in physical or sexual danger, or in danger of being removed from the State for purposes of evading NC courts authority.
Many life changes can warrant a modification of child custody orders. Some of the most common include:
As with any child custody determination, the overriding interest in a modification case is in protecting the best interests of the child. A family court judge will consider that above all else when deciding whether to approve a move away, changes to a holiday schedule or any other changes to custody.
Our child custody lawyers have handled numerous modification proceedings and know how judges are inclined to rule on these matters. We can guide you through the process of seeking a modification or stopping one you feel will adversely affect your relationship with the child.
Best interest of the child is the standard used by the court to determine custody. When applying this standard the court generally looks at relationship dynamics between the parent and child, safety concerns, and whether the child would have their basic needs met at each parent’s home.
(covers contested custody litigation) Each side has an opportunity to put on evidence relating to the child’s needs and how either parent will meet them (or not). The court applies the best interest of the child standard to assess the evidence and make a custody decision.
At Ellis Family Law we understand how stressful it is to be in a high-conflict custody situation. We have tools and resources in the community to help try to minimize the conflict, or at least minimize the pain points that impact the minor child. We are also knowledgeable as to how to present cases to the judge that are high-conflict to help achieve results that may be more beneficial in the long run for the minor child.
There is no magic age where the child gets to make this determination (except once they reach 18). The court may consider the child’s desires with other evidence to determine the best interest of the child.
Yes, unmarried fathers have custody rights as long as they have legitimated the child through either signing an Affidavit of Parentage or going through a court proceeding resulting in a court finding of paternity.
Everyone is always so kind from Casie and Christina at intake, to the paralegals and attorneys. They promptly answer all questions.
...Everyone is always so kind from Casie and Christina at intake, to the paralegals and attorneys. They promptly answer all questions.
Great experience, Christina is very resourceful and knows what she is doing. Helping me through various obstacles.
...Great experience, Christina is very resourceful and knows what she is doing. Helping me through various obstacles.
Christina is highly knowledgeable and offers excellent service.
...Christina is highly knowledgeable and offers excellent service.
Have been connected to Ellis Family Law for many years and cannot recommend a more knowledgeable, caring, hard working group of attorneys. I do not hesitate to refer to them...
Have been connected to Ellis Family Law for many years and cannot recommend a more knowledgeable, caring, hard working group of attorneys. I do not hesitate to refer to them no matter how big or small the issue. They are truly a one of a kind law firm and am so thankful I can count on their guidance.
Gray is top tier in family law — knowledgeable, strategic, and relentless when it comes to protecting his clients. If you want someone who knows the system and knows how...
Gray is top tier in family law — knowledgeable, strategic, and relentless when it comes to protecting his clients. If you want someone who knows the system and knows how to navigate it successfully, call Ellis Family Law. Amazing Attorneys!
I can’t say enough good things about Ellis Family Law. Going through a family law matter is never easy, but their team made the entire process feel manageable and supported...
I can’t say enough good things about Ellis Family Law. Going through a family law matter is never easy, but their team made the entire process feel manageable and supported from start to finish. They are professional, knowledgeable, and incredibly responsive. I worked with Christina & she was absolutely impeccable and I knew after the first phone call I was in the right place to handle my business. Thank you Ellis Family Law.
We are equally skilled in litigation and in resolving disputes outside of court.
Mediation, arbitration, and collaborative approaches that resolve disputes with less stress and more cooperation.
Thoughtful advocacy for parenting arrangements that protect your children and preserve what matters most.
For more information about child custody and visitation, call Ellis Family Law in Durham, Pittsboro or Wake Forest or schedule a consultation.
And for a fun twist: don’t miss our “Pour Decisions” section, featuring wine tips from our lawyer-wine specialist Gray Ellis!
