Obtaining Fair Outcomes In Child Custody & Child Support Issues

When children are involved, a primary consideration in a custody case needs to be the best interests of the children. At Hayes, Williams, Turner & Daughtry, P.A., in Dunn, North Carolina, we will guide you through child custody and child support issues and help you do what is best for your child.

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Issues In Child Custody

Restructuring a family has many issues — and not everyone may agree as to what constitutes the best interests of a child. North Carolina requires mediation for child custody matters to help families toward a solution that works and is fair to all involved.

Who is the primary caregiver ? Should that relationship continue after the divorce? Is that what is best for the child? Does the custodial parent have the ability to support the child (with the help of child support)?
When the parents can negotiate a child custody and visitation agreement, that is usually the best solution. Two parents who care about their children are the best judges of what will work for their restructured family. We will work with you to mediate with your spouse.
The court will consider numerous factors, such as work schedules, daycare arrangements, support systems (grandparents, aunts, uncles or close friends), day-to-day routines, special medical needs, nutrition needs and many others in making a decision about custody.
If needed, your lawyer can ask the court for temporary custody and child support orders while the divorce and permanent custody hearings are pending.
When substance abuse and/or domestic violence are involved, temporary restraining orders may be required while the court determines a permanent order for child custody.
Are you a grandparent seeking child custody or visitation rights? Our law firm has a successful history of protecting grandparents’ rights.
We can help you establish or challenge paternity.

FAQ: Child Custody And Child Support In North Carolina

The following are some of the questions families in Dunn and throughout North Carolina often ask when dealing with child custody and child support matters.

What is the difference between legal custody and physical custody in North Carolina?

In North Carolina, child custody is divided into two main components: legal custody and physical custody. Legal custody refers to the authority to make major decisions about a child’s life. These decisions often involve education, medical care, religious upbringing and other long-term issues that affect the child’s welfare. Legal custody may be awarded to one parent alone or shared jointly between both parents, depending on the child’s best interests.

Physical custody refers to where the child lives on a day-to-day basis and which parent is responsible for routine care. Physical custody can also be sole or joint. Joint physical custody does not always mean equal time, but gives both parents significant periods of responsibility. Courts evaluate many factors when determining custody, including stability, schedules, caregiving history and the child’s needs.

What is mediation, and is it required in North Carolina child custody cases?

Mediation is a structured process where parents work with a neutral mediator to resolve custody and visitation disputes outside of court. In North Carolina, mediation is required in most child custody cases before a judge will conduct a custody hearing. The goal is to encourage cooperation and reduce conflict by helping parents reach agreements that work for their family.

Mediation sessions allow parents to discuss schedules, decision-making authority and parenting plans in a less adversarial setting. If an agreement is reached, it can be submitted to the court for approval. If mediation does not result in an agreement, the case proceeds to court.

How long does child support last in North Carolina?

Child support in North Carolina typically continues until a child reaches the age of 18. If the child is still enrolled in high school at that time, support generally continues until they graduate or turn 20, whichever comes first. Support may end earlier if the child is emancipated through marriage or other legal means.

In some cases, child support orders may be modified before they end. Changes in income, employment or custody arrangements may justify a modification. Courts rely on state guidelines to calculate support, but adjustments may be made when circumstances significantly change.

Child Support Issues

Child support laws in North Carolina are fairly clear-cut. In nearly all cases, judges will order child support consistent with North Carolina child support guidelines. The formula is based on each party’s gross income and considers day care expenses, health insurance, and special education and medical needs. On rare occasions, the court will enter a child support amount higher or lower than the guidelines when there are compelling reasons. When the divorce is filed, temporary custody and support will often be necessary.

If you are seeking a child custody lawyer you can depend on, an attorney who brings small town values together with a sophisticated understanding of the law, you can count on the attorneys at Hayes, Williams, Turner & Daughtry, P.A., in Dunn, North Carolina. Contact us today to schedule a free initial consultation.