Waxhaw Child Custody Lawyer

Protecting Your Parental Rights in North Carolina

Child custody is often the most contentious issue in a divorce or separation. It's difficult to determine what is in a child's best interest, and it can be hard for parents to agree on what a fair custody arrangement looks like. With so much at stake, you need a knowledgeable and compassionate child custody lawyer in Waxhaw who can guide you through the legal process and advocate for your parental rights.

At Rech Law, P.C., we understand how important your children are to you. Our Waxhaw child custody attorney will work with you to develop a custody agreement that takes into account your unique needs and the best interests of your children. Whether you are going through a divorce, a separation, or simply need to modify an existing custody order, we can help.

For experienced and caring legal guidance, contact our Waxhaw child custody attorney today at (704) 659-0007 to schedule a consultation.

Understanding Child Custody in North Carolina

In North Carolina, there are two types of child custody:

• Physical custody: This refers to the parent with whom the child will live and is responsible for providing for the child's everyday needs.
• Legal custody: This refers to the parent who is responsible for making important decisions about the child's upbringing, such as where they will go to school.

Custody can be awarded in one of two ways:

• Sole custody: Only one parent is awarded custody of the child. The other parent may be granted visitation rights.
• Joint custody: Both parents are awarded custody of the child. This can be joint legal custody, joint physical custody, or both.

How Do Courts Determine Child Custody?

In North Carolina, the courts will consider what is in the child's best interest. While there is a presumption that joint custody is in the child's best interest, this presumption can be rebutted by evidence that joint custody would be detrimental to the child's well-being.

When determining custody, the courts will consider various factors, such as:

• Each parent's ability to care for the child
• The child's safety
• The child's relationship with each parent
• A history of domestic violence
• Each parent's mental and physical health
• Each parent's ability to create a stable home environment for the child
• The child's current living arrangements

In North Carolina, there is a presumption that it is in the child's best interest to have frequent and continuing contact with both parents. However, if the courts find that one parent is unfit or poses a danger to the child, they may award sole custody to the other parent.

How Can a Child Custody Agreement Be Modified?

Once a child custody agreement is in place, it can only be modified if there has been a substantial change in circumstances. For example, if one parent has moved, the child's needs have changed, or one parent has become unfit to care for the child, the custody agreement may be modified.

If both parents agree to the modification, they can submit a written agreement to the court, and the court will generally approve it. If the parents do not agree to the modification, they will need to file a motion with the court and demonstrate that a modification is in the child's best interest. The court will then review the motion and determine whether to modify the custody agreement.

How Can a Child Custody Agreement Be Enforced?

If one parent is not following the child custody agreement, the other parent can file a motion with the court to have the agreement enforced. The court may then hold a hearing and order the non-compliant parent to follow the agreement. If the parent still does not comply, they may be held in contempt of court and face penalties such as fines or jail time.

Get the Legal Guidance You Need Today

Child custody matters can be complex and emotionally charged. You need a Waxhaw child custody attorney who can provide you with the legal guidance you need to make informed decisions about your case. At Rech Law, P.C., we are dedicated to helping you protect your parental rights and the best interests of your children.

Contact our Waxhaw child custody attorney today at (704) 659-0007 to schedule a consultation.