CHILD CUSTODY
Custody of one’s children can be the most important and difficult issue facing a parent going through a separation and divorce. Horack Talley family law attorneys have handled many challenging custody cases and have the experience and expertise necessary in order to best represent a parent seeking custody or visitation of his or her children.
“Child custody” can include physical and/or legal custody of your children. “Legal custody” is the authority to make important decisions, such as educational and medical decisions, for your child, while physical custody addresses where your child will physically spend his/her time. Parents can share custody (“joint custody) or one parent can be primary (or sole) custodian.
Each custody case is unique and the approach taken depends upon your specific situation. Horack Talley family law attorneys can help develop a custody plan that allows both parents substantial involvement in the child’s life. If, however, you and the other parent cannot agree on custody, our family law attorneys will zealously represent you in court on your custody claim.
The courts in Mecklenburg County and surrounding counties will require parents to participate in child custody mediation before going to a custody trial in an effort to give parents the ability to come up with a custody agreement. If the parents are unable to resolve custody through mediation, a judge will decide physical and legal custody following a trial.
In North Carolina, judges are charged with creating a custody arrangement that is in the “best interests of the minor child.” Horack Talley family law attorneys are skilled in gathering and presenting evidence at trial to establish what is in the children’s best interests and what custodial arrangement is best, given the facts of the particular case. The assistance of outside professionals, such as psychologists or therapists, may be enlisted to help present your position to a judge.
In almost all cases, the parent not being awarded custody will be awarded periods of visitation with the child. However, if you believe the other parent is a danger to your child or is otherwise unfit to have visitation, we can gather evidence and present it to the court with the goal of limiting or eliminating unsupervised visits.
Because circumstances change as children get older, the custody arrangement in your agreement or a custody order may require modification. If you have a custody order, the judge will require a showing that there has been a “substantial change in circumstances affecting the welfare of the child” since the entry of the previous order. Many things can constitute “substantial changes in circumstances”. Horack Talley family law attorneys will investigate your case, gather existing evidence supporting a finding of substantial change in circumstances and present your case to the court for modification of custody, if appropriate.
Horack Talley family law attorneys recognize and respect the fact that the custody of your children is crucial to you. We will thoroughly prepare and effectively represent you to seek and obtain a custody arrangement that fits the best interests of your children.