Wesley Chapel Child Custody Lawyer

Wesley Chapel Child Custody Attorney

Our dedicated lawyers know that child custody issues often become a main issue when couples end their relationship. Protecting your child’s well-being is important to you, especially as your family transitions. If you need legal support for your child custody case, a Wesley Chapel, NC child custody lawyer can protect your child’s interests.

Lehnhardt Price Family Law is here to help you through your child custody case and protect what matters most—your child. When facing custody challenges, having a trusted family attorney in Wesley Chapel can make all the difference in protecting your child’s best interests.

What Is Child Custody?

When parents live apart, arrangements will need to be made for their child. This usually happens after a divorce or separation, but it can also occur if parents are never in a relationship or if one parent is requesting a change in an existing order. These arrangements outline which parent will be responsible for the child’s care, when each parent will have the child, and what rights and responsibilities each parent has.

Types of Child Custody in North Carolina

North Carolina law recognizes two forms of child custody: physical and legal. Physical custody refers to where the child lives and how much time the child spends with each parent. Physical custody can be shared equally between both parents, which is called joint physical custody. In other cases, one parent may be granted primary physical custody, while the other has scheduled visitation.

Conversely, legal custody focuses on decisions regarding a child’s upbringing. These decisions encompass areas like religion, education, extracurriculars, and medical decisions. Courts often award joint legal custody to both parents, even when one parent has sole physical custody. This is because courts want both parents to be as involved as possible in their child’s upbringing.

The Court’s Decision Is Based on the Child’s Interests

While the courts will favor joint legal custody, this is only if it aligns with the child’s interests. When doing so, they will weigh factors such as:

• The child’s physical safety and well-being
• The child’s emotional and mental health
• Each parent’s relationship with the child
• Each parent’s ability to provide stability and consistency
• The child’s adjustment to their home, school, and community
• Any history of domestic violence, substance abuse, or parental misconduct
• The personal wishes of the child may also be considered; however, there is not a set age at which the child gets to decide which parent the child wants to live with

Modifying Child Custody Orders

The courts understand that situations can change. As long as you can prove that there has been a substantial change in circumstances affecting the best interests of your child, you can request a child custody modification. This could be a change in the child’s life, such as their mental or physical health, school changes, or normal changes as they age.

A change in circumstances in the parent’s life may include relocation, living situation changes, employment, relationship changes, new children, substance abuse, or criminal activity.

Whether you need a new child custody order or want to modify an existing one, you need an experienced child custody lawyer who can advocate on your and your child’s behalf.

When seeking a modification, it’s important to consider all the factors the court evaluates, including the child’s best interests and any relevant changes in circumstances. This broader understanding can help you navigate the process more effectively.

How Does a Child Custody Lawyer Help My Family?

Child custody cases can be challenging, but having a lawyer on your side can improve your chances of succeeding. At Lehnhardt Price Family Law, we can clarify your legal rights, responsibilities, and options while empowering you to make well-informed decisions. Attorneys can analyze the unique details of your case and create a tailored strategy aimed at achieving a desirable outcome.

Child custody cases may be resolved through negotiation and mediation, and our attorneys can act as your advocates during these discussions, striving to achieve a mutually agreeable custody arrangement. If needed, however, we can represent you in the courtroom. We can make sure your concerns and priorities are heard while expressing your wishes for your child’s life. If the issues are unable to be resolved through negotiation, an experienced lawyer can help advocate for you in court.

When negotiating child custody, it’s important to understand what should be included in a parenting plan. This will help guide both parents in reaching an agreement that best supports the child’s well-being.

Issues concerning children can be contentious and emotionally charged. Lawyers can provide reassurance during difficult moments and help you stay focused on achieving a positive outcome for your child.

FAQs About Wesley Chapel,NC Child Custody Law

What Are the Types of Child Custody in North Carolina?

North Carolina has two main types of child custody: physical and legal. Physical custody decides where the child lives, and legal custody is the right to make important decisions for the child’s life. Both types of custody can be split jointly, or one parent could have primary physical or legal custody.

How Does the Court Determine Child Custody?

The court determines child custody based on the interests of the child. This is done by looking at each parent’s relationship with their child, their ability to provide a stable environment and, sometimes the child’s personal wishes. North Carolina courts generally favor joint legal custody, allowing both parents to be involved in important decisions for their child.

What If the Other Parent Refuses to Follow the Custody Order?

If the other parent is refusing to follow the custody order, you should seek legal support as soon as possible. A lawyer can advise you on what legal options you have to either get the custody order enforced or modified. Make sure you document everything related to the other parent violating the order, such as the date, time, the specific violation, and any potential witnesses.

Can I Modify an Existing Custody Order?

Yes, you can modify an existing child custody order. To do so, you must demonstrate to the court that there has been a substantial change in circumstances affecting the best interests of the child since the current order. Some common examples of this can be relocation, changes in work schedules or living situations, a change in the child’s needs, or evidence of abuse or neglect of the child.

Does a Criminal Record Affect Child Custody?

Yes, criminal records could affect child custody decisions, as the court will weigh it as a factor when determining what is in the child’s interests. Severe convictions will be taken more seriously than minor ones, and the court will look at the type of crime, who the victims were, how long it has been since the conviction, and any additional criminal history.

Contact Lehnhardt Price Family Law

Navigating child custody disputes can be emotionally challenging. An experienced family law attorney can provide invaluable guidance, explore options to prioritize your child’s well-being, and minimize the stress of litigation. Contact Lehnhardt Price Family Law today for a consultation, and take control of your child custody matters.