Fayetteville Child Custody Lawyer
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Experienced Child Custody Lawyer In Fayetteville, NC
Navigating child custody cases can be emotionally demanding, and having a skilled attorney by your side can make a significant difference. At Gary Britt Law, as an experienced Fayetteville child custody lawyer, I am dedicated to providing personalized and compassionate representation to my clients. I take the time to understand your unique circumstances and goals, crafting a legal strategy tailored to your specific needs.
Whether you’re going through a divorce, seeking modifications to an existing custody order, or dealing with other child custody issues, I am at your service. My priority is to protect your children and your parental rights by guiding you through the legal process with confidence, skill and attention to detail you and your family deserve.
The Law and Factors That Help Determine Custody
When it comes to child custody in North Carolina, it’s essential to familiarize yourself with the legal framework. Child custody encompasses both legal custody and physical custody in that custody covers (1) the duty/right and responsibility to make major decisions for the child(ren), including those related to education, healthcare, and religion as well as (2) determining where the child(ren) primarily resides and the visitation arrangements with each parent.
In North Carolina, the primary consideration in child custody cases is the best interests of the child(ren). Courts evaluate several factors when making custody determinations, including:
- The child(ren)’s age, gender, physical health, and emotional well-being: The court assesses the child(ren)’s individual characteristics, such as their age, gender, overall physical health, and emotional well-being. This evaluation helps determine the child(ren)’s specific needs and what arrangements would be in their best interests.
- The physical and mental health of each parent: The physical and mental well-being of each parent is crucial. The court examines any health conditions or impairments that may impact a parent’s ability to care for the child(ren) effectively.
- Each parent’s ability to provide for the child(ren)’s basic needs: The court considers the capacity of each parent to provide for the child(ren)’s basic needs, including food, shelter, clothing, and access to medical care. The court examines factors such as the parent’s financial stability, employment situation, and access to necessary resources.
- The quality of the relationship between each parent and the child(ren): The court assesses the nature and quality of the relationship between each parent and the child(ren). Factors such as the level of involvement, emotional connection, and ability to meet the child(ren)’s emotional needs are taken into consideration. The court often looks for evidence of a nurturing and supportive bond between the parent and the child(ren) along with appropriate levels of involvement.
- The child(ren)’s relationships with siblings, extended family members, and their community: The court recognizes the importance of maintaining meaningful relationships between the child(ren) and their siblings, extended family members, and the community they are a part of. The court may consider the impact of custody arrangements on these relationships and strive to promote stability and continuity in the child(ren)’s social connections.
- The willingness of each parent to foster a positive and cooperative relationship between the child(ren) and the other parent: The court values a parent’s ability and willingness to promote a healthy relationship between the child(ren) and the other parent. Cooperation, effective communication, and the willingness to encourage and support the child(ren)’s relationship with the other parent are essential factors in determining custody.
- Any history of domestic violence or substance abuse by either parent: The court takes allegations or evidence of domestic violence or substance abuse by either parent very seriously. Such factors are evaluated to ensure the child(ren)’s safety and well-being. The court aims to protect the child(ren) from any potential harm or negative influences.
- The child(ren)’s preferences, (if they are of suitable age and maturity to express them): If a child is of appropriate age and maturity, the child’s preferences may be taken into account. The court considers the child’s ability to make an informed decision and in certain situations may interview the child privately to understand the child’s perspective. However, the child’s preferences are not the sole determinant and are weighed alongside other factors. Also, the Court may receive testimony from a child’s counselor or therapist about the child’s views on certain situations.
It’s important to note that the court assesses these factors on a case-by-case basis, as each situation is unique. As an experienced attorney, I can help you navigate through these factors, build a strong case, and advocate for your rights and the best interests of your child(ren) during custody proceedings.
As an attorney experienced in handling cases involving military personnel, I understand the unique challenges faced by military parents in child custody disputes. Factors such as deployment and frequent relocations can significantly impact custody arrangements. It’s crucial to be aware of the rights and protections available to military parents under North Carolina law.
The Process
1. Initiating Child Custody Proceedings
The first step in child custody litigation is to initiate proceedings by filing a complaint or motion with the court. I work closely with my clients to ensure that all necessary documents are filed correctly and on time. After filing, we must ensure that the opposing party is served with all necessary documents in accordance with North Carolina law.
2. Emergency/Temporary Custody
While the custody case is pending, the court may issue temporary custody orders to ensure the child(ren)’s safety and well-being until a permanent order is entered, and sometimes there is a need for emergency orders to be issued even before a temporary hearing occurs. Temporary orders help provide for the child(ren)’s best interests by governing custody, visitation and issues affecting the children pending a final resolution of the custody case.
Emergency orders are issued when there is a risk to the child(ren)’s physical safety and wellbeing or there is a risk that the child(ren) will be removed from this state. When emergency orders are issued, the court will require a return hearing within ten days to determine whether the emergency order should remain in effect, and these hearings will also be used to determine temporary custody.
Many counties allow for live testimony in temporary hearings, but North Carolina law allows for temporary hearings to be conducted via affidavit. Due to the high volume of cases, Cumberland County only allows for the use of affidavits and exhibits at temporary hearings, and I take careful, detailed measures in helping my clients prepare their affidavits so that the affidavits comply with the Court’s exacting rules.
3. Mediation
In custody cases, the parties must attend mediation in an attempt to resolve the custody dispute outside of court. These mediations are different in that unlike other mediations, attorneys are not present and the parties meet with the mediator directly. I help prepare clients for these mediations so that the client can ensure the parent’s rights and the children are protected in the event the parties can reach an agreement.
4. Discovery and Preparation
Discovery is the process in litigation by which each party gathers information about the other party’s case. This may include requests for documents, interrogatories (written questions), and depositions (oral questioning under oath). As an experienced attorney, I understand the importance of discovery and trial preparation, and I will work to gather all necessary information to build a strong case and prepare our presentation to protect you and your family’s interests.
5. Trial
If the parties are unable to reach an agreement in mediation, the case will proceed to trial. At trial, each party will have the opportunity to present evidence and testimony from witnesses to support their case. I take careful consideration of all of the relevant factors and work with my clients to ensure the client’s case is presented in an effective manner that protects the client’s interests and client’s family.
Custody Modification In Fayetteville, NC
There often comes a time when circumstances require that a custody order be modified, whether it’s a permanent change of duty station for a military servicemember, relocation due to a job, remarriage, or any other relevant issue, parents will almost always face a situation in which a custody order needs to be modified.
Legal Standard for Modifying Child Custody Orders in North Carolina
North Carolina law allows for child custody orders to be modified, and there is a two step process for determining if a modification is warranted. First, there must have been a substantial change in circumstances affecting the welfare of the child(ren), and second the child(ren)’s best interests would be served by a modification.
The change in circumstances must have occurred since the entry of the original order and must be significant enough to justify a modification. Some examples of substantial changes in circumstances include a parent relocating, a child(ren)’s needs changing, or a parent’s fitness or ability to care for the child(ren) changing.
It is important to remember that the court will always consider the best interests of the child(ren) when deciding whether to modify a custody order. In order to make this determination, the court will consider various factors, including the child(ren)’s relationship with each parent, compliance with the existing order and whether or not one parent has attempted to alienate the minor child(ren) from the other parties, the child(ren)’s age and developmental needs, the ability of each parent to provide for the child(ren)’s physical and emotional well-being, and any history of domestic violence or abuse amongst many other factors. So, while a significant change in circumstances may have occurred, that does not necessarily mean that the child(ren)’s best interests would be served by modifying the order.
What Happens If I Am Deployed?
At Gary Britt Law, I understand the unique challenges faced by military families and am dedicated to providing legal services to both civilians and the military community, and one of the most common issues in custody situations involving military families and personnel is deployment. The North Carolina Uniform Deployed Parents Custody and Visitation Act (UDPCVA) is a law that addresses the challenges faced by military families when one parent is deployed or stationed away from their family. This law is especially important in communities such as Fayetteville, Cumberland County, Fort Bragg / Fort Liberty, and surrounding areas, where we have a large military population.
The purpose of the UDPCVA is to protect the best interests of child(ren) when a parent is deployed. It provides a framework for custody and visitation arrangements that take into account the unique circumstances of military families, including the impact of military service on family dynamics. The UDPCVA is intended to protect the child(ren)’s best interests and stability and to ensure that both parents have an opportunity to maintain a relationship with their child(ren) during a servicemember’s deployment or other military duties. This is important not only for the emotional well-being of the child(ren) but also for the parent who is deployed, who may be struggling with the stress and isolation of military service.
The UDPCVA contains several key provisions that are designed to protect the best interests of the child(ren), provide stability for the child’s daily life, and ensure that both parents have a meaningful relationship with their child(ren) during deployment or other military duties
The UDPCVA is an important law for military families, as it provides a framework for custody and visitation arrangements during deployment or other military duties, and it is important that someone involved in a case as a military servicemember or with a servicemember have an attorney who understands the UDPCVA so that the delicate issue of custody during deployment is handled properly.
As noted above, the UDPCVA recognizes the unique circumstances of military families and provides a framework for resolving custody and visitation issues quickly and efficiently by providing for expedited hearings when this issue arises. This is especially important for families stationed in Fayetteville, Cumberland County, Fort Bragg / Fort Liberty, and surrounding areas, where military deployments are common.
In addition to provisions about custody, the UDPCVA also has several other important features. For example, it requires that both parents provide notice to each other and the court of any changes in their contact information, including mailing address, email address, and telephone number. This helps to ensure that both parents can stay in contact and maintain a relationship with their child(ren), even if one parent is deployed or stationed far away.
The UDPCVA also provides for the appointment of a temporary guardian or caretaker for the child(ren) during a parent’s deployment or other military duty when the situation calls for such. This person must be someone who is familiar with the child(ren) and can provide for their needs while the deployed parent is away. This provision helps to ensure that the child(ren)’s needs are met and that the child(ren) receive proper care and supervision while trying to preserve the child(ren)’s day-to-day routines and lives as much as possible during the deployment.
The UDPCVA requires that both parents make a good faith effort to communicate with each other and cooperate in developing a parenting plan that is in the best interests of the child(ren). This provision recognizes that both parents have a role to play in the child(ren)’s life and that cooperation between the parents is essential for the well-being of the child(ren).
The North Carolina Uniform Deployed Parents Custody and Visitation Act is an important law for military families in Fayetteville, Cumberland County, Fort Bragg / Fort Liberty, and the surrounding areas. It provides a framework for custody and visitation arrangements during deployment or other military duties, ensuring that child(ren) of military families have access to both parents. The UDPCVA recognizes the unique circumstances of military families and provides a framework for resolving custody and visitation issues quickly and efficiently.
At Gary Britt Law, I strive to understand and help alleviate the challenges faced by military families and am dedicated to providing legal services to both civilians and the military community to help navigate such issues. If you have questions about the UDPCVA or other legal issues related to military service, please do not hesitate to contact my office. I am here to help you navigate the complexities of military family law and ensure that your rights and your family are protected.
The Process for Modifying Child Custody Orders in North Carolina
The process for modifying a child custody order in North Carolina can be complex and involves several steps. Below is an in-depth explanation of each step:
1. Filing a Motion to Modify Custody
The first step in modifying a custody order is to file a motion to modify custody with the court. This motion should include a detailed explanation of the substantial change in circumstances that justifies the modification and should also include any evidence that supports the motion. It is crucial to note that the burden of proof is on the parent seeking the modification. Therefore, it is important to provide sufficient evidence that clearly demonstrates (1) the substantial change in circumstances and (2) that the child(ren)’s best interests would be served by modifying the custody order already in place.
2. Serving the Other Parent
After filing the motion, the other parent must be served with a copy of the motion and notice of the hearing. The other parent will have an opportunity to respond to the motion and may also file a counter-motion. It is important to note that the other parent must be served correctly, which includes following the specific legal procedures for service.
3. Mediation
As with the process in which the original custody order was entered, during the modification process, the parties may be ordered attend custody mediation without attorneys, and in Cumberland County, this is mandatory even in modification proceedings.
4. Discovery and Preparation
Just as with the trial process, we will engage in allowable discovery, obtain documents, prepare witnesses, organize our evidence and plan our presentation for the hearing.
5. The Hearing
At the hearing – just as with any other trial – both parents will have an opportunity to present their case to the judge. This may include testimony from witnesses, including the parents themselves, as well as any relevant documents or evidence. After considering all of the evidence, the judge will make a decision as to whether the custody order should be modified. It is important to note that the judge’s decision will be based on what the judge deems to be in the best interest of the child(ren).
How A Fayetteville Child Custody Lawyer Can Help With Your Custody Case
Going through the custody process or modifying a child custody order can be an emotional and challenging process, which is why it is crucial to have an experienced Fayetteville child custody lawyer on your side. As your attorney, I can help you through each step of the process, including:
- Assessing whether you have a valid claim for custody or modification;
- Gathering evidence to support your claim;
- Preparing and filing all necessary documents;
- Preparing you and your witnesses for trial;
- Representing you at the hearing and presenting your case to the judge; and
- Assisting you with advice about implementing any custody order, whether it is the first order or a subsequent, modified order.
Additionally, as your attorney, I can help you negotiate with the other parent outside of court through the parent’s attorney or with the parent if that parent doesn’t have an attorney. This may help you reach a resolution more quickly and cost-effectively. Negotiation can be an effective way to avoid a lengthy and expensive legal battle. In some cases, the parties may be able to reach an agreement without going to court, which can save time, money, and stress.
It is important to note that, while negotiation can be beneficial, it may not always be possible. If the other parent is uncooperative or unwilling to negotiate, it may be necessary to proceed to court. In these cases, having an experienced family law attorney on your side is critical to ensuring that your rights and interests are protected.
At Gary Britt Law, I make it a point to learn about my clients and their families. I understand that every family is unique, and I approach each case with compassion, objectivity, attention to detail and sensitivity. I know that child custody matters are deeply personal, and I am committed to providing clients with the highest level of legal representation and support. I will work tirelessly to help you achieve your goals and ensure that your child(ren)’s best interests are protected.
If you are seeking to obtain custody or modify a child custody order in North Carolina, contact Gary Britt Law today. I offer flexible scheduling for consultations to discuss your case and answer any questions you may have. Let me help you navigate the complex legal process and work towards achieving the best possible outcome for you and your family.
At Gary Britt Law, I am committed to providing my clients with the highest level of representation possible. If you are facing child custody litigation in North Carolina, contact Gary Britt Law today to schedule a consultation.