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Child Custody

Boone Child Custody Lawyers

Helping North Carolina parents gain legal and physical custody of their children

Divorce and separation are hard on parents. They’re unbearably hard for children. Parents must put the best interests of their children first. Your children need as much love and stability as possible. At Epperson Law Group, PLLC, our attorneys protect your children by prioritizing their need to stay in the marital home, attend the same schools, and keep the same friends. Our Boone child custody lawyers have the experience to negotiate child custody agreements and parenting plans that secure your children’s future. Our family lawyers are ready to explain how custody works in North Carolina today.

How can we help?

Family Law Attorneys

What are the types of child custody in North Carolina?

According to the North Carolina Judicial Branch,

  • Legal custody is the right of a parent to make major life decisions for their child - such as the child’s doctors, education, and religion.
  • Physical custody refers to where your child lives on a daily basis.

There is no legal or physical custody preference for either parent.

Visitation generally refers to a parent’s right to parenting time when a parent’s physical custody time is fairly short.

Custody orders last, unless there is a specific exception, until the child turns 18 or is emancipated. The Watauga County court judge assigned to your child custody case will review all the statutory factors that North Carolina requires when deciding both legal and physical custody. We’ll explain what these factors are.

Is a child custody order necessary if there is an agreement?

It is wise to have a court order even if you have a written agreement. Our Boone child custody lawyer can go to court to enforce a legal custody order. The court will not enforce an agreement that is part of a court order. Another reason why custody orders are advisable is that doctors, schools, and other people and entities may need to examine a custody order.

How do you resolve child custody disputes in Boone?

North Carolina judges decide child custody disputes by applying the Uniform Child-Custody Jurisdiction and Enforcement Act and the Uniform Deployed Parents Custody and Visitation Act. North Carolina law § 5013.2 is the law judges use to decide which parent(s) have custody, the terms of the custody order, visitation rights of grandparents, relocation issues, and how a parent's military service affects child custody.

North Carolina prefers parents to try to resolve child custody disputes on their own. That’s why North Carolina requires that all child custody and visitation disputes that involve minors are heard through the Custody Mediation and Visitation Program before a judge will hear any case.

This program requires that parents participate in an orientation class and one mediation session. A neutral mediator will try to negotiate a child custody agreement and a parenting plan. The advantage of mediation is that it is less contentious than a full-scale hearing.

Our Boone child custody lawyers also handle private (as opposed to court-ordered) mediation, arbitration, and the use of the collaborative divorce process to try to resolve your child custody issues.  In addition to being less adversarial, alternative methods help save time and money, and help parents work together. Parents need to prioritize communication between each other for the best interests of their children.

At Epperson Law Group, PLLC, our attorneys can work with your child’s teachers, psychologists, relatives, and other adults in your child’s life to assess your child’s health and needs. Family judges in Boone will try to avoid having your child testify in court.

What is a parenting plan?

A parenting plan addresses specific issues that a custody agreement/order does not. These issues include:

  • A daily schedule of where your child will live
  • The rules for communication between your child and your child’s coparent
  • Holiday schedules
  • Rules for exchanging your child between parents, school, and other activities
  • Many other practical daily issues

Family Law Firm

What factors determine child custody in Boone?

Our Boone child custody lawyers, mediators, collaborative divorce specialists, and judges use the following factors to determine child custody issues:

  • The child’s need for stability. Ideally, your child will stay in the same home, attend the same school, and have the same personal relationships.
  • The physical and emotional health of the parents and child.
  • Evidence of a substance abuse problem.
  • How available each parent is – based on work schedules and other factors.
  • The parent’s economic situation. Wealth should not be determinative, but the children should be healthy and safe.
  • The child’s relationship with his/her siblings.
  • The preferences of older children

At Epperson Law Group, PLLC, we know how to prove these factors support your request for child custody.

Can a Boone child custody agreement be changed?

A Watauga County child custody order can be modified by agreement or a court decision. The modification should be made part of a court order. To modify a court order, you or your child’s co-parent must show that there is a significant change of circumstances. These changes include:

  • A parent’s desire to relocate to another state, county, or country with your child
  • A remarriage of either parent
  • Changes in the health of a parent or child
  • Failure to comply with the current child custody order
  • Other changes in circumstances

Do you have a Boone child custody lawyer near me?

Epperson Law Group is located at 870 W. King Street, Unit A. We can also consult with clients through video conferences and by phone. We can address all your concerns and help show that you have the best interests of your child at heart.

Speak with our experienced child custody lawyers in Boone today

At Epperson Law Group, PLLC, we take pride in helping parents and children bond in loving ways that help children enjoy their childhood and grow into mature happy adults. We can help you establish a caring, just child custody order, negotiate parenting plans, enforce orders when your ex isn’t in compliance, and take every step necessary to protect your child.  To speak with a Boone child custody lawyer, call us or use our contact form to schedule a consultation.


Boone Office

184 N Water Street
Boone, NC 28607

Tel: 704-859-2264

[Directions]

 

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