Family Law

North Carolina Child Custody and Divorce Attorney

Divorce can be traumatic for all persons involved. Not only are you dealing with the emotional break-up of a marriage, but you may also need to consider division of property and debts, spousal support and alimony, and child custody and support. At The Lane Law Firm, PLLC, we represent families going through a divorce. Of course, we also represent families in which the parents never married or were previously divorced.

The Best Interest Of Your Child

North Carolina law generally requires parents seeking child custody to participate in a mandatory mediation process. Parties meet with a mediator to propose custody terms. When possible, the legal system encourages parents to develop a parenting agreement before resorting to emotionally charged and costly trials. If a parenting agreement is entered into at mediation, a judge will review that agreement and determine whether the best interest of the child will be served by the court adopting the parenting agreement as a fully enforceable court order. If the court adopts the parenting agreement as an order, the parenting agreement/order has the same effect as a court order that might have resulted from an arduous, stressful, expensive, and emotional trial.

The court analyzes custody issues by attempting to address facts and circumstances affecting the best interest of the child. This approach requires the court to consider various factors that may include each party's relative ability to nurture a child, the stability of the home environment, and whether one party has been the primary caregiver throughout the child's life.

Upon weighing relevant factors affecting the best interest of the child, the court awards custody. Child custody arrangements can take multiple forms (which may affect child support obligations). When joint or split custody are ordered, the court designates who will have primary physical custody and who will have secondary physical custody. The person having secondary physical custody generally receives a predetermined visitation schedule. Under certain circumstances, grandparents and other persons may seek and obtain custody or visitation.

Seeking Adequate Child Support

You need a lawyer who can advocate for child support that adequately provides for your child's needs. North Carolina follows statutory child support guidelines. Awards are based on the ability of a party to pay, the needs of the child, and custody provisions. On motion by a party, the court may deviate from the statutory guidelines upon showing high income, special needs of the child, and certain living arrangements.

Advocating For You During A Divorce

We can also advise you about other aspects of the divorce process. You are entitled to an equitable distribution (division of assets and debts) of the marital estate. Spousal support and alimony also may be available to you. Lawsuits for Alienation of Affection and Criminal Conversation may allow you to seek financial compensation from another party who may have been one of the causes for your divorce.

If you are going through a divorce, call or e-mail us today. We can advise you about your divorce.