Matthews, NC Family Law Attorney

Matthews, NC Family Law Lawyers

Part of having a family is having to handle family disagreements. However, sometimes there are much bigger problems that arise within a family unit. Divorce, child custody, and child support are just a few things that a family may face. These problems need the assistance of an attorney. If you live in North Carolina, consider consulting with an experienced Matthews, NC, family law attorney at Lehnhardt Price Family Law.

A family lawyer assists with handling all sorts of family issues and guiding their clients through the legal process. These issues include divorce, spousal support, child adoption, child custody, and child support. An attorney can also help walk you through property division disputes, serve as a mediator during the divorce process, and help you in drafting a will.

Divorce

Divorce disrupts the whole family unit and is difficult for the whole family to experience. Unfortunately, many divorces are not settled amicably due to marital misconduct. In some cases, the couple cannot stand to be around each other and cannot make any decisions together. These cases would be best resolved through mediation. A family lawyer in Matthews, North Carolina, can help you walk through the process and help you and your spouse come to an agreement.

Equitable Distribution

Equitable distribution involves dividing marital debts and assets after a divorce. In many cases, the court distributes the assets equally between the couple, but in some cases, it is not allowed. A family lawyer can assist you in the process.

Spousal Support

Spousal support, also known as alimony, is necessary when one spouse is financially dependent upon the other and needs the support to continue after a divorce. It can also become a source of tension between the couple when it comes to agreeing upon spousal support. Alimony may be paid out over a short period of time or may last for the spouse’s lifetime.

A judge will determine the amount and length of spousal support by looking at many factors, such as the length of the marriage, the income levels of both spouses and if any marital misconduct took place. Each spousal support case is unique, as each couple’s circumstances are different.

Child Custody Agreements

In the event that you and your spouse pursue a divorce, you will have to divide time with the children between you two. This can be a great source of contention for parents and they often need the assistance of an attorney to help come to an agreement.

There are two types of child custody — physical and legal custody. Physical custody involves where the children live, while legal custody involves a primary parent making decisions for the children. In the case of joint custody, both parents have fairly equal physical and legal custody rights so that both parents can make decisions for their children and have about the same amount of time with their children.

A child custody agreement gives both parents a schedule to follow detailing when and how often they will have the children in their care. In most cases, it is preferable to give both parents equal time with the children.

There are two types of custody agreements — temporary and permanent orders. Temporary custody orders are only valid until a new trial is held to either modify the orders or create a permanent order.

Temporary orders are much easier to modify than permanent orders. So, if you dislike the temporary custody orders given to you, you may request to have your case reviewed in order to make changes. If a temporary custody order remains unchanged for an extended period of time, these orders may become permanent.

Child Support

Another issue that can arise after a divorce is the need for child support. Child support is needed so that one parent continues to financially support their children by giving payments to the other parent. These payments are determined by several factors, including:

• Both parents’ income.
• Expenses of the children’s medical care.
• Permissible deductions.
• The time allotted to each parent in the custody agreement.
• Special circumstances, such as a disabled child.

This kind of support usually lasts until the child turns 18, but there are exceptions.

FAQs

Q: At What Age Can a Child Choose Which Parent to Live With?

A: There is no specific age where a child in the state can choose which parent to live with. Children can talk to the judge about their preferences, but the judge must decide if the child is of “the age of discretion.” In other words, the child is old enough to understand the situation at hand.

Q: How Do I Get a Free Lawyer for Child Custody in North Carolina?

A: There are a few qualifications for getting a free lawyer for child custody in North Carolina. If your family income is at a certain amount, you can qualify for Legal Aid, which is a nonprofit law firm. This free resource helps you file for child custody without having the assistance of a lawyer. You may find legal advice and ask any questions you have.

Q: What Rights Does a Father Have in North Carolina?

A: Fathers have the same rights as mothers in the state as long as these rights have not been taken away by the court. They have a right to spend time with their children and make decisions on their children’s behalf. In order to receive these rights, however, it is sometimes necessary to prove paternity by undergoing genetic testing.

Q: Does North Carolina Favor Mothers in Custody Cases?

A: No, the state does not favor mothers in custody cases. Either parent can be awarded sole custody of their children despite their age, or joint custody can be awarded to both parents. Sole custody is typically awarded to one parent in the event that the judge does not believe the other parent to be mentally, physically, or financially able to care for their children.

Consult a Matthews, NC, Family Law Attorney

It’s normal to have disputes in a family. Some are small, and others are complicated. Unfortunately, some disputes can evolve into larger problems that cannot seem to be resolved, such as divorce, child custody, and child support. With the help of an attorney, these problems can be addressed. Contact Lehnhardt Price Family Law to discover how they can help you.