Asheboro Child Custody Attorneys

Experiencing a divorce or even a break-up with your romantic partner can be an incredibly stressful life event.  When children are involved, however, things are often even more volatile and emotionally draining.  Most parents want the best for their children and want to spend as much time as possible with them, and when faced with divorce or separation from the other parent, it is often very difficult to reach a compromise about custody or visitation. The Randolph County family law attorneys at Garrett, Walker, Aycoth & Altamura LLP have decades of combined legal experience in divorce and child custody law, and have successfully represented hundreds of families across the Triad in obtaining fair custody arrangements.  

If you need help filing for custody or have recently been sued for custody and need representation, you can reach us at 336-405-8080 or by email anytime at Asheboro@gwa-law.com . We are conveniently located in the Carolina Farmer’s Mutual Building in Asheboro, North Carolina, across the street from the Dixie Express. Our address is 515 W. Salisbury Street, Suite C. We offer affordable payment plans that will work with your financial situation. 

Are you facing a child custody dispute? We are here to help. Here are a few common questions our custody lawyers have answered for parents in Asheboro, North Carolina and surrounding areas:

1.       What are the different types of child custody in North Carolina?

“Child custody” refers to the legal rights and responsibilities parents share involving their child’s upbringing, including their physical and mental wellbeing, their education and extracurricular activities, their medical care, social life, and religion. Physical custody refers to where the child resides and lives a majority of the time.  Legal custody relates to which parent has the power to make important decisions about the child’s life, such as medical and educational decisions. Until there is a written agreement or a court order in place, both parents have an equal right to custody in North Carolina. 

If you feel your child custody may be contested or you wish to prevent the other parent from exercising custody rights, it’s crucial to get a custody order as soon as possible. In North Carolina no preference is given to either parent or gender, and custody decisions are guided by the best interests of the child. In a typical custody arrangement in Randolph County, parents may share both physical and legal custody on a 50/50 basis; or, one parent may take primary physical custody of the child with the other parent having visitation rights and both parents sharing legal custody. In extreme circumstances, however, one parent may lose legal custody and be awarded only very limited or even supervised visitation, if any.  If you are interested in protecting your custody rights in court or you have been sued for custody by your ex, our Asheboro custody lawyers are here to help.  Call today for a consultation to discuss your custody rights, at 336-405-8080 or reach us by email anytime at Asheboro@gwa-law.com .  

2.       Should my ex and I work out a custody order without attorneys?

Where the parents remain on friendly or neutral terms with one another, they may have an easier time arriving at an agreeable custody arrangement outside of court.  To be binding, however, this agreement must still be approved by the court and should have clearly defined terms so there is no confusion about visitation exchanges, holiday and birthday schedules, or other possible sources of conflict. Even if you are on good terms with your ex, it is a wise decision to hire experienced and knowledgeable counsel to review your parenting agreement to make sure that it fully protects your rights, that it is in your child’s best interest, and that it anticipates every circumstance so you avoid unnecessary conflict down the road.

3.       What happens at custody mediation?

If you have filed for custody of your child or your ex has sued you for custody in North Carolina, you will be required to participate in court-ordered mediation.  Custody mediation often occurs at the courthouse, and will include both parents and a mediator, who is a neutral party and does not represent either parent.  This mediator will attempt to facilitate a collaborate environment to create a parenting plan.  Sometimes, this mediation process is successful and the parties can avoid trial.  At other times, the parties are unable to reach an agreement at mediation and they need more time to negotiate or prefer to have their case heard by a judge.

Our dedicated team of child custody lawyers can help you prepare for mediation so you know exactly what to expect, and we can help you review a proposed parenting agreement to make any necessary amendments or corrections before it becomes finalized by the court. However, when parents are not able to agree to a custody arrangement at mediation, the case may proceed to trial, where the family court judge will make a custody determination based on the best interest of the child.  If the case goes to trial, you must be prepared to show that you are best equipped to protect the welfare and best interest of your child. The experienced and compassionate attorneys of Garrett, Walker, Aycoth & Altamura LLP have assisted hundreds of Randolph County parents through every stage of the child custody process, and are ready to advocate for you and your child.

4.       What will the court consider before ruling on custody?

The court can consider any factor that may be relevant to what custody arrangement is in the child’s best interest.  These factors include the following:

• How the caregiving responsibilities were divided during the marriage and after separation;
• The parents’ availability to the child (work-schedule and lifestyle);
• The caregiving capabilities of each parent;
• The parents’ financial situations and earning potential;
• The distance between the parents’ homes and the suitability of each home for raising the child;
• The age and particular needs of the child;
• The child’s bonding with their siblings including half-siblings;
• The child’s preference, if the child is of suitable age and maturity;
• The custodial schedule which has been in place since separation;
• The mental and physical health of the parents and any history of substance abuse;
• The occurrence of any physical abuse; and
• Any other factor which the court deems relevant to the best interest of the child.

If your custody case is headed to court, you will want an experienced family law attorney by your side to persuasively demonstrate that you are the parent best equipped to meet the needs of your child based on these factors. The Asheboro custody lawyers of Garrett, Walker, Aycoth & Altamura LLP are here to help, whether you’re trying to obtain sole custody or joint custody of your child. If you were denied custody, we’ll fight for you to gain visitation rights, so you can have the quality parenting time you need with your child to allow your relationship to grow.  Call today for a case evaluation at 336-405-8080, or reach us anytime by email at Asheboro@gwa-law.com .

5.       Can my child decided which parent to live with?

Sometimes, a child’s preference may be one factor (but not necessarily the controlling factor) considered by the court in determining which custody arrangement is in the child’s best interest. Before a judge will take the wishes of a child into consideration, the court must determine whether or not the child is of sufficient age and maturity to have a say in the decision. In other words, the older and more mature the child is, the more likely his or her opinion may influence a court order.

6.       How can I modify an existing child custody order?

Child custody arrangements are not permanent, but can only be modified when important changes occur.  When there is a substantial change of circumstance involving one of the parents or the child, the court may modify a custody order to protect the best interest of the child.  The following examples of changes in circumstances may qualify for a modification of custody:   

• One parent develops a drug or alcohol problem;
• One parent becomes abusive or neglectful;
• A parent remarries and stepchildren are brought into the family;
• A parent moves out of the school district;
• New siblings are born;
• A parent is not fulfilling their caretaking duties or has become unavailable to the child;
• A child’s educational or medical needs are not being adequately met; and
• Any other factors which have substantially changed the circumstances of the parties.

If you believe that you have a compelling reason to modify an existing custody order or your ex is seeking to modify your custody order, you will benefit from the assistance of the experienced family law team at Garrett, Walker, Aycoth & Altamura LLP.

Trust Asheboro's skilled and award-winning child custody lawyers.

At Garrett, Walker, Aycoth & Altamura LLP, we understand the emotional toil and stress that comes with child custody disputes. Let us put our record of success and sharp advocacy skills to work for you and your child. We will fearlessly and relentlessly advocate for you and your child.  We are conveniently located in Asheboro at the Carolina Farmer’s Mutual Building in Asheboro, across the street from the Dixie Express. Our address is 515 West Salisbury Street, Suite C.  Our office offers affordable payment plans that work with your financial situation. You can secure an informative and confidential consultation by calling 336-405-8080 or by emailing us at Asheboro@gwa-law.com .