Child Custody

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When it comes to child custody cases, King & Rowe Attorneys at Law are here to provide you with comprehensive legal representation and support. Our experienced attorneys will work tirelessly to ensure the protection and security of your children during this critical time.

Contact us today 828-466-3858.

North Carolina Child Custody

Child custody is one of the most emotional and difficult aspects of family law for both clients and attorneys. In fact, it is common that all other aspects of a divorce can be negotiated outside of court other than the care of a parties' children. It is important to note that in North Carolina, judges have immense discretion when it comes to decisions involving child custody and it is almost always best to hire a lawyer, rather than attempt to obtain custody of your children on your own.

North Carolina uses the "best interests" standard for determining the custody of a minor child. Thus, in determining the outcome of a child custody case, the court must ask "What decision will be in the best interests of the child?" In determining his or her ruling, a judge will consider many factors as there is no formula outlined for them.

In North Carolina there are two types of child custody:
1.   Legal Custody: If a parent is awarded legal custody, he or she is the parent who will make decisions on behalf of the minor child.
2. Physical Custody: This is where the child is physically residing, and there are two (2) types of physical custody:
      1. Sole Custody: This means that one party has physical, exclusive care of the child and the other party has visitation privileges
   2. Joint Custody: This means that both parents share custody of the minor child, both physically and in decision making.

In order for a judge in North Carolina to hear a case for child custody, he or she must determine that the child is under North Carolina's jurisdiction. North Carolina, like most states, has adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which states that in order for North Carolina to have jurisdiction over a child, North Carolina must be the home state of the child at the date of filing a complaint for child custody. Generally, this means that a child must have lived within North Carolina for at least six (6) months prior to the filing of the lawsuit.

At King & Rowe, PLLC, we handle child custody issues and cases on a daily basis. We offer an understanding approach and note that each case is both different and complex in nature. Please call our office to setup a consultation if you are considering filing for child custody or if you have been served with a complaint, and we will explore all of your legal options.

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