Child Custody & Visitation

Legal Help to Reach Child Custody Decisions That Work for Your Family

As difficult as divorce may be for the couple involved, it is harder for children. The actions you take during this stressful time, and the decisions you make about child custody, visitation, and child support will have a long-lasting impact on your children's well-being and their future.

Common Misconceptions About North Carolina Child Custody:

• "Mothers always get custody." That is no longer the case. Each parent will have to present a strong case in court for why they should have primary custody—or why they and their former partner can successfully manage shared custody. We work with child psychologists and therapists to document our case for custody.

• "Children can decide who they want to live with." This is not true. If the parents have not reached a decision about custody between themselves, a family law judge will decide. The judge will interview children in chambers and may give consideration to a young person's wishes (especially if they are teens), but the judge will ultimately take a more comprehensive view than a child is capable of taking.

• "Visitation is dependent upon child support." It is not. You cannot withhold visitation from your child's other parent because he or she is behind in child support. If you do, you risk being taken back to court.

Whatever the result in your custody decision, you will be co-parenting with your former spouse for years to come. Maintaining (or building) a good working relationship now will benefit you in the future. Our child custody lawyers' calm and cooperative approach can help you reach your custody goal with a minimum of conflict.

Modification of Child Custody Agreements

A child custody decision that met the needs of a 5-year-old will not necessarily meet the needs of a 15-year-old. As children grow and family situations change, child custody and visitation agreements may need to be modified. That will require a court appearance and evidence that the proposed new child custody arrangement meets the child's needs. Some cases that require modification of a child custody order include:

• Parental unfitness due to drug or alcohol abuse
• The custodial parent is unable to provide care due to illness or incarceration
• The child wants to live with the other parent for valid reasons, including access to schools
• Custodial parent is moving away

If you are moving away from the area for remarriage or a job, you cannot simply move your child without notifying the other parent. You will need to negotiate changes in custody or take steps to ensure your visitation rights.

Allow us to help you reach a child custody agreement that protects your children and your relationship with them. Contact an experienced child custody lawyer in the Charlotte, North Carolina law office of Bush & Powers to discuss your child custody goals in divorce or paternity.

When you need reasoned and compassionate legal help with a child custody case, contact the child custody attorneys at Bush & Powers. Your initial consultation is confidential.