Mooresville Child Custody Lawyer

Top-Rated Child Custody Attorney in Mooresville, NC

When it comes to making legal decisions about your child, it’s critical that you understand your rights and options under North Carolina law. Resolving a child custody case is challenging even when both parties mostly agree on the terms of the arrangement. It’s helpful to have a Mooresville child custody lawyer on your side to represent your interests and keep you on the right track throughout your case. 

Our attorneys at Ralston Benton Byerley & Moore, PLLC, have been representing families throughout Iredell County and beyond for decades. We’re familiar with navigating mediation for these cases and have successfully resolved many issues without going to court. Even so, we’re ready to be your biggest advocate in the courtroom if litigation is the only solution. 

Understanding North Carolina Child Custody Laws

When the parents of a child decide not to be together anymore, it doesn’t just affect the two of them in the relationship. Their child experiences the consequences of this decision firsthand. Approximately 44,800 children under 18 live in Iredell County alone. That’s why there are strict laws in place protecting children in these situations. 

Under North Carolina law, courts make decisions in custody cases based on what they believe is in the children’s best interests, but the children themselves don’t necessarily get a say in where they live. The parents, however, do get a chance to come up with a plan on their own before having to get the court involved. They can come up with a private agreement to submit to the court in order to make it an official order. 

In order to initiate a child custody case, you must file in the state the child has lived in for at least six months before the case is filed. You can file in the county where the child lives or where you live if it’s not the same place. 

Many child custody cases settle through mediation, which is a mandatory first step of the process. It’s recommended that both parties hire a child custody lawyer to represent them through this stage. Whether you’re navigating a custody case between yourselves or in the courtroom, it can be a challenging situation for everyone involved.

You can expect to handle a child custody case in Mooresville through your local North Carolina District Court, which is likely in Iredell County. There is a Government Center South Facility located here in Mooresville, but it does not cover custody cases.

Family dynamics change all the time. If your current arrangement is no longer working, it’s possible to make adjustments in the best interest of the child and, in turn, the family as a whole. Instead of opening a new case with the court, you can file a Motion to Modify the existing custody order. It’s wise to hire a child custody lawyer to help you navigate modifications. 

FAQs

Do We Have to Go to Court to Resolve a Child Custody Case in Mooresville?

No, you do not have to go to court to resolve a child custody case in Mooresville. You and the child’s other parent can come to an agreement between the two of you without interference from a judge. 

If you don’t agree on the terms of the custody order, it’s possible to resolve matters without litigation. In fact, North Carolina mandates mediation before you can pursue additional legal action. This is done through the state’s Custody Mediation and Visitation Program.

Can a Child Choose Where They Want to Live in a Mooresville Child Custody Case?

No, a child cannot choose where they want to live in a Mooresville child custody case. However, you can expect the judge to make custody decisions based on the child’s best interests. In many cases, this aligns with what the child wants. 

While courts take a child’s preferences into consideration, they do so with great scrutiny. If the child appears to be pressured into their statements about preferences, a judge is not going to put much weight behind them.

Am I Required to Get a Child Custody Order in Mooresville If I’m No Longer With the Child’s Other Parent?

No, you are not required to get a child custody order in Mooresville if you’re no longer with the child’s other parent. Parents may choose to open a custody case when they don’t agree on the child’s care. Non-parents also typically don’t need a custody order for temporary care. 

However, they may be required to present one if they have to make decisions involving the child’s health, education, and other important aspects of their life.

Does the Other Parent Automatically Get Visitation Rights in Sole Custody Cases in Mooresville?

No, the other parent does not automatically get visitation rights in sole custody cases in Mooresville. Complete denial of visitation rights is pretty rare, but it is possible. In cases where the court believes granting visitation is going to be harmful to the child, the child’s safety is prioritized. 

Courts strongly favor maintaining relationships with non-custodial parents. In some cases, a non-custodial parent may be granted supervised visitation instead to maintain some connection with their child.

Hire a Child Custody Lawyer in Mooresville to Discuss Your Legal Options in More Detail

Navigating legal matters regarding children can be complicated both emotionally and logistically. It’s highly recommended that both sides in these cases secure legal representation to facilitate difficult conversations and keep everyone moving on the right track. For decades, families throughout Mooresville and beyond have been turning to Ralston Benton Byerley & Moore, PLLC. 

As a North Carolina family law firm, we’re familiar with state child custody laws as well as what to expect throughout mediation and litigation if it comes down to it. No matter how far things escalate, you can count on our Mooresville family lawyers to be there to see you through your case. 

If you’re ready to discuss details, we’re here to help. Our firm operates out of four offices across the state, including one here in Mooresville. We’re located on Morlake Drive right off I-77. You can also find us in Statesville, Taylorsville, and Hickory. Call the office to set up a meeting with a team member today.