Child Custody Lawyer
Our family lawyers undertake cases related to family law in Sampson and Johnston Counties, including:
- Divorce Representation
- Child Custody & Support
- Property Division
- Spousal Support & Alimony
- Adopting a Child
- Military Family Legal Experts
- Relocation
- Prenuptial and Postnuptial Marital Agreements
- Mediation & Collaborative Law
Guiding You Every Step of the Way
Divorce often brings a lot of emotions and questions. We provide understanding support and strong representation to help you face these challenges. From simple to complicated, our experienced NC family divorce lawyers make sure your needs are protected and guide you every step along the way.
Securing Your Child’s Future and Your Parental Rights
Your children’s happiness and safety come first. We work hard to build or update custody and support agreements that truly help them and make sure you stay protected as a parent throughout the process.
Making Property Division Less Stressful
Dividing what you own (and owe) after a breakup can cause arguments. We guide you through valuing your things, splitting debts, and handling retirement plans, ensuring everything gets divided in a fair way.
Advocating for a Balanced Alimony Outcome
When it comes to spousal support, we make sure any agreement matches both partners’ real finances. We’ll help you understand which types of alimony you may qualify for and represent your interests during negotiation or if needed, in front of a judge.
Making Adoption Smoother for Families
Adopting a child can bring great joy, along with some complicated legal steps. We’ll walk you through every part of adoption—no matter the type—and help you set up clear legal rights as a parent.
Legal Guidance for Service Members’ Families
Families in the military face unique issues, from moves to special federal laws. Our team is experienced with cases just like yours and makes sure you’re protected under the laws that matter most to military families.
Making Sense of Custody Changes After a Move
Relocating can complicate custody and visitation legal agreements. We help families update parenting agreements when someone moves and make sure the new plan is in the child’s best interest.
Preparing for Marriage with Confidence
Getting a prenup or postnup helps avoid misunderstandings later on. We take the time to prepare and check these agreements carefully, so you and your partner can feel confident moving forward together.
Cooperative Solutions to Family Disagreements
When you want to settle things without going to court, our mediation and collaborative law options help. These methods encourage working together, save on costs, and often make reaching an agreement less stressful for everyone.
NC Child Custody Law FAQs
How is child custody decided in North Carolina?
Child custody decisions are based on the “best interests of the child” standard. Courts consider factors like the child’s relationship with each parent, the current living situation, parental ability to care for the child, and any history of domestic violence or substance abuse. There is no preference for mothers over fathers; each case is unique
What types of custody exist?
North Carolina recognizes both physical and legal custody. Physical custody concerns where the child lives, while legal custody concerns who makes major decisions for the child (such as medical or educational choices). Custody can be sole (one parent) or joint (both parents share responsibilities).
Who can file for custody?
Both parents can file for custody. In some cases, other parties (such as grandparents or relatives) may also file if they can demonstrate that both parents are unfit or unable to care for the child.
How is child support determined?
Child support in North Carolina is calculated based on a formula that factors in both parents’ incomes, the number of children, custody arrangement (how many nights the child stays with each parent), health insurance costs, and child care expenses. The obligation usually lasts until age 18 or graduation from high school, whichever comes later.
What happens if parents can’t agree on custody?
If parents can’t reach an agreement, they must first participate in mediation. If mediation fails, the matter goes to court, where a judge will examine all the facts and make a custody determination.
How long does a child custody case take?
While an initial custody hearing might be brief, preparation and negotiations can take weeks or months. Cases that go to trial can extend the process significantly, depending on the complexities involved and court scheduling.
Can custody or visitation be supervised or denied?
Yes. If a judge believes a parent poses a risk to the child (e.g., due to abuse, neglect, or addiction), supervised visitation or even no visitation may be ordered for the child’s protection.
Do parents have to use a lawyer for custody or support matters?
No, but it is highly recommended. Even if parents are on good terms, involving a lawyer helps ensure that agreements are clear, legal, and protect everyone’s rights. In contentious cases, having legal counsel is crucial.
Will the child have to appear in court?
Not always. In some cases, a judge might want to speak with the child if they are of a suitable age and maturity. This usually happens in private, with legal counsel present if needed.
Can custody or support orders be modified later?
Yes. Custody and support orders can be modified if there are substantial changes in circumstances, such as job loss, relocation, or changes in the child’s needs.
Our Divorce Lawyers Are Ready To Help
Schedule a free consultation today
Please contact the law attorneys at Daughtry, Woodard, Lawrence, & Starling to schedule an initial consultation to discus the details of the legal situation you are facing. We have office locations in Smithfield and Clinton, and serve clients throughout the surrounding areas.