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Child Custody

Asheville Child Custody Lawyers

Securing the best interests of children and parents after a divorce or separation in North Carolina

Divorce and separation are very hard on children. Children need to know where they’ll live, who will care for their daily needs, and who will make decisions about every aspect of their lives. They need love and stability. At Epperson Law Group, PLLC, our family attorneys help parents who are divorcing or separating protect their children by negotiating child custody agreements and parenting plans. Our Asheville child custody lawyers obtain formal court orders for legal and physical custody. We enforce these orders if a co-parent is not complying with any orders. We seek modification when circumstances change substantially. Contact our Asheville child custody lawyers now to help your child grow, mature, and feel safe.

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Family Law Attorneys

What North Carolina laws determine child custody in Asheville?

The North Carolina Judicial Branch states that child custody involves the right of parents to have children in their care and make decisions for their children. Physical custody determines where children live every day of the year. Legal custody determines which parent can make major life decisions (such as decisions about education, health, and religion) for their children. Both types of custody can be joint. The court can also grant one parent sole custody (legal and/or physical).

Visitation (known as “parenting time”) is a type of custody order that grants another parent the right to be with their children at specific times and under specific conditions.

Why is it essential that I have a custody order for my child?

A child custody agreement that is not entered as an order with the court is not strong enough to protect you if your co-parent does not comply with the terms of the agreement. A court order is enforceable. An agreement without a court order is not enforceable. You cannot modify a court order unless the other parent of your child agrees. You can request that a court approve or disapprove a modification request.

Our Asheville child custody lawyers help parents obtain formal Buncombe County child custody orders. If you have an agreement, then your spouse/ex-partner should agree to a court order. If you do not have an agreement, then our family lawyers will help you obtain a child custody order that protects your rights and your child.

Schools, doctors, law enforcement, and other people/entities may need to see a court order before they can make decisions that affect your child.

Normally, a child custody order lasts until your child reaches the age of majority (age 18) unless an exception applies. In North Carolina, judges should not prefer one parent over another parent. At Epperson Law Group, PLLC, we understand the specific factors that judges review to determine legal and physical custody. We work to show those factors favor you.

How does the child custody process work in North Carolina?

In North Carolina, the child custody process begins when you or a co-parent files a complaint for custody. A custody order of a minor child can grant both parents joint custody or grant one parent exclusive/sole custody. The starting point for any child custody case is such that the order should be in the best interests and welfare of the child.

The child custody order will also address the visitation rights of the parents if one parent has exclusive custody, the visitation rights of grandparents, what happens if you or your co-parent wants to leave North Carolina with your child, and the military service of either parent.

North Carolina requires that the parents participate in mandatory mediation before a judge will hear the dispute. In mediation, a neutral third party (normally someone who has extensive experience resolving child custody disputes) will try to forge an agreement. Before you and your child’s other parent participate in mediation, you will participate in an orientation program to prepare you for mediation.

If mediation is not successful, our Asheville child custody lawyers can also represent you through alternative dispute resolution methods, such as the collaborative divorce process or arbitration. In a collaborative divorce, spouses work with child psychologists and other professionals to try to reach an agreement. In arbitration, a neutral arbitrator (instead of a judge) decides some of the family law disputes.  These alternative methods help save money and time. They also help parents communicate so the focus is on their child and not on each other.

What is a parenting plan?

The custody agreement decides which parent(s) have legal and physical custody. A parenting plan decides many of the practical issues that arise when parents raise their child/children separately.

At Epperson Law Group, PLLC, we understand the common disputes that arise after there is a child custody order. Our Asheville child custody lawyers prepare/negotiate agreements that consider the following issues:

  • Determining where your child will live each day of the year
  • How each parent will transfer their child to the other parent
  • How to handle holidays, birthdays, and other special occasions
  • How each parent can communicate with their child while the child is at the other parent’s home
  • Many other practical day-to-day issues

Family Law Firm

What factors determine who has custody of children in Asheville?

According to the North Carolina Judicial Branch, some of the factors a judge will use to decide child custody include the following:

  • Whether there is any evidence of domestic violence or substance abuse
  • The living arrangements of each parent
  • The ability of each parent to care for their child – for example, will the parent be at home or work
  • The child’s relationship with each parent

Other factors may include:

  • The need for stability – for example, children should be able to attend the same school as before the divorce or separation
  • The health and safety of the child

Older children may be able to state their preferences, though those preferences are not binding on the judge’s decision.

Can an Asheville child custody agreement be changed?

Yes – under certain circumstances. You or a co-parent can request modification of a child custody order if the modification is in the best interests of your child and there is a substantial change in circumstances. Our family lawyers can help you if you need to request a modification or you want to contest a modification by your ex on any of the following grounds:

  • The desire or need of either parent to move to another school district, county, state, or country
  • Either parent remarries
  • There is a change in the health of your child or either spouse
  • A parent is not complying with the current child custody order
  • Other significant changes

How do you enforce child custody agreements in Asheville?

If your co-parent is not complying with the child custody order, our Asheville child custody lawyers can file a motion for contempt. If the judge finds, for example, that a co-parent has not returned a child or routinely fails to transfer the child on time, a judge can reprimand the co-parent, impose a fine, impose jail time, or require that the co-parent pay our legal fees. We may also seek a modification of the court order for noncompliance.

Do you have an Asheville child custody lawyer near me?

At Epperson Law Group, we meet parents and children at our Asheville office located at 1998 Hendersonville Rd. #25 Asheville, NC 28803. We also consult with clients remotely by phone and through the use of online video platforms.

We welcome clients to call us whenever they have any questions or concerns. Our family lawyers have helped many parents obtain custody agreements and orders that last until their child becomes an adult.

Get security for your child now by calling our Asheville child custody order attorneys today.

At Epperson Law Group, PLLC, our firm has been helping families since 2011. Our founding lawyers have nearly 60 years of combined experience fighting for children and their parents. We can resolve most child custody disputes without a formal trial. If a trial is necessary, we’re ready to secure your child’s future in court. To speak with our respected Asheville child custody lawyers, please call us or fill out our contact form today to schedule a free consultation.