| Welcome
to the website for the Williams Law Group, PC. This page
provides information related to North Carolina child custody
laws and our firm. We serve our clients from offices in
Johnston County and Wake County, NC, and have assisted people
with Family Law matters including, divorce and separation,
alimony, support, temporary or permanent legal custody,
physical custody, visitation and access, modification of
custody, paternity and guardianship. The Williams Law Group,
PC advantage is our strong familiarity with the local court
system, domestic law, and a dedication to compassionate and
professional client-attorney relationships. Divorce and
separation are emotional subjects and a child’s welfare is
paramount to both the family and professionals involved in a
case. Our firm represents the best interests of the child,
while protecting your parental rights. Our legal professionals
have one goal; to provide competent, compassionate and expert
legal help to our clients. While
divorce may terminate the marital relationship, it does not
end a couple’s relationship as parents. Child custody refers
to a collection of parental rights and responsibilities
regarding their child’s general welfare, authority,
religion, education and health care. In North Carolina,
married parents are joint guardians of their children and
possess equal rights to custody. Under the law, NC courts do
not show favor to either parent in custody matters. Custody
may be awarded equally between the parents (joint custody), or
primary custody may be given to one parent (sole custody) with
visitation granted to the other parent. Joint custody allows
both parents to make decisions regarding their child, and the
child shares time with both parents according to a planned
schedule and place.
The
most often used and preferred approach to deciding child
custody matters is through a private spousal agreement.
Custody may also be settled out of court by a separation
agreement. The challenge in private custody agreements is to
develop an arrangement that enables each parent to maintain a
consistent relationship and agreed to methods of raising their
child - now and in the future. For a variety of reasons, many
parents arrive at custody arrangements by default and regret
the outcome. It is important to carefully consider your
children’s current and future needs, to prevent yourself
from becoming unsatisfied with your legal relationship with
your child. An attorney who is familiar with local laws and
the courts can provide invaluable assistance in formalizing
custody arrangements.
It is
up to the court to make the determination as to who will “promote
the best interests and welfare of the child” in cases where
custody is disputed. Each parent’s past and present conduct
is considered and evidence must support why one parent’s
behavior and abilities will better enhance a child’s overall
welfare that the other parent’s. Other factors that the
court will consider include:
- Physical,
mental, emotional, moral and religious factors,
- The
child’s preference,
- Each
parent’s caretaking ability,
- Each
parent’s home environment,
- Each
parent’s availability to the child,
- Each
parent’s economic situation and potential, and
- The
child’s bonding with other siblings.
Any
parent, relative, or other party may file a claim for custody
of a minor child. In these situations, the child's natural
parent is entitled to the custody and care of the child until
(and if) the court determines that the non-parent would
provide better care than a biological parent.
If
you are currently involved in a child custody dispute or
foresee one, or if you are having complications with your
court-ordered custody arrangements, there are laws to protect
your rights and your children. Please contact our office today
for legal help in your separation, divorce or child custody
matters. The Williams Law Group, PC will use proven legal
strategies, strong evidence and aggressive negotiating to
ensure that you present the strongest case. We can be reached
at (919)773-1440 or via email at: info@divorcelawnc.com. |