Statesville Child Custody Lawyer

Experienced Child Custody Attorney in Statesville, NC

One of the hardest parts of ending a relationship is having to endure a custody battle to make sure you continue to be a present influence in your children’s lives. A custody battle is a common part of divorce, but it can also happen if you and your ex never got married. Either way, you need to prepare yourself for what might be an ugly, personal, and long uphill struggle with someone who may want to hurt you. A Statesville child custody lawyer can assist with your case.

The legal team at Ralston Benton Byerley & Moore, PLLC can walk you through your child custody case and help you better understand how the state’s child custody laws can affect your specific situation. A Statesville child custody attorney’s help during this ordeal cannot be overstated, and hiring one may be the most important decision you make for your case. Our firm can bring decades of combined litigation and negotiation experience to your custody case.

Child Custody in Statesville

If you have a child custody case in Statesville, your case is handled by the District Court Division of the Iredell County General Court of Justice. This court can be found at the Iredell County Hall of Justice on Stockton Street. This court handles all civil family matters in Statesville and does not involve a jury. North Carolina has very specific child custody laws, and it’s recommended that you hire a child custody lawyer to help you with your next steps.

You may want to keep in mind that North Carolina has a high marriage rate of 48.7%, but a moderate divorce rate of 2.7 per 1,000 individuals. While not every child custody case is the result of a divorce, they are still a common element in many divorces that can lead to uncertainty, emotional pain, and high conflict. Having an experienced child custody lawyer by your side to help you navigate your ex’s claims can be helpful.

Factors That Influence Child Custody in North Carolina

It’s important to remember that the family court always prioritizes the welfare of the child in every custody case. Ultimately, they have to do what’s right for them, not for you. That can sometimes mean rejecting your custody proposal and your ex’s in favor of something that’s mutually beneficial to you both and prioritizes the child’s well-being. When determining custody, the court considers many different factors. Here are some of the most important ones:

• Relationship. One of the most important things that the court considers is the pre-existing bond and relationship that has been established between each parent and the child. If there is no emotional bond established, it can be hard for the court to award you custody when the other parent has been present. You need to prove that you have established an emotional bond with your child.
• Parenting ability. Even more so than establishing an emotional bond is being a present and willing parent. This means providing for the child’s physical needs like food, shelter, healthcare, and education, while also being there emotionally. The court considers each parent’s past dedication to providing.
• Home environment. The court takes into consideration the safety of each parent’s home environment. That means analyzing the physical safety of the home, the emotional state of the environment, and the moral stability that’s consistently present. If there is evidence or history of neglect, substance abuse, or domestic violence, that can seriously hurt that parent’s chances of getting custody.
• Parenting dynamics. Ending a relationship can be an overwhelmingly difficult thing to endure, but you should never let it get in the way of being there for your kids. Be willing to compromise with your ex and co-parent with them peacefully. By choosing to foster a healthy co-parenting relationship with your ex, the court may look on you more favorably.

FAQs

What Looks Bad in a Custody Case?

There are many different behaviors that can look bad in a custody case. Above all, the court does not take kindly to parents who try to use their children as weapons to hurt the other parent. Engaging in parental alienation, blasting your ex on social media, or ignoring court orders can all look extremely bad in a custody case. The court appreciates a willingness to compromise and a desire to put your child’s needs before your own.

What Are a Father’s Rights in North Carolina?

In North Carolina, fathers have the same legal parental rights that mothers do. That means they have the right to obtain custody, visitation rights, and make major life decisions for their kids. Unlike mothers, fathers have to establish paternity before they can be seen as decision makers for their kids. Parental rights are automatic if the father is married to the mother at the time of birth. Unmarried fathers have to sign an affidavit or get a court-ordered DNA test.

Is North Carolina a 50/50 Child Custody State?

No, North Carolina is not an automatic 50/50 child custody state. There is no automatic legal default for equal physical custody. The court has to consider many different elements before deciding on a custody arrangement. Shared physical and legal custody is an achievable and quite common goal in a custody battle, and the court generally pushes for that arrangement. However, it’s not always feasible, especially if one parent has a history of abuse or neglect.

What Is the Biggest Mistake You Can Make in a Custody Battle?

The biggest mistake you can make in a custody battle is letting your personal feelings towards your ex get in the way of your child’s needs for the future. Don’t forget that while your life is about to change considerably, your child’s is too. They may have no idea what’s going on or what’s going to be different going forward. Choosing to be vindictive in court can only hurt you legally and negatively impact your relationship with your child.

Hire a Child Custody Lawyer Today

At Ralston Benton Byerley & Moore, PLLC, we can help you through a custody battle and give you a chance you may not have on your own. Contact us to speak with a valued team member about your situation.