Our Asheville, NC Child Custody Lawyer Helps You Protect Your Child
When parents decide to split up or never lived together to raise the child together in the first place, the child is often caught in the middle of custody and support disputes. Developing a cordial, respectful co-parenting relationship is easier when the child custody schedules are confirmed, respected, and adhered to. Our Asheville, NC child custody lawyer helps you create a compromise with your child’s other parent that is in your child’s best interests and works for your own preferences.
Whether you’re seeking full custody of your child in a divorce, need help finding a compromise with your child’s other parent, or need to change an existing child custody arrangement, the attorneys at The McKinney Law Group are here to help you achieve the best solution for you and your child. Contact us today for a consultation.
Strong Legal Advocacy For Your Child Custody Dispute
If you struggle to find a custody solution with your child’s other parent, you may have to take the matter to court. As your attorney, we can help by developing a strong argument to support your position. North Carolina family law judges determine child custody based on the child’s best interests. We aim to demonstrate that your proposed custody arrangement is in your child’s best interest. Our attorneys are local and know the family law courtrooms in Buncombe County very well. We can help you feel more at ease in court and speak on your behalf.
We have plenty of experience with contentious child custody disputes and can quickly get through the negative feelings to determine the practical issues that must be addressed. Perhaps you have true doubts about your child’s other parent’s ability to parent and provide a safe, stable home for your child. In these cases, we present evidence of this to the judge to help bolster your claim. And, if you’re worried that your child is in an unsafe environment, we can petition the court for legal protections on your behalf, up to and including removing the child from the other parent’s home.
Creating A Custody Arrangement To Support Your Child’s Needs
Children thrive in a stable environment with a predictable routine. Constant changes in child custody can affect your child’s well-being, so we strive to resolve your custody dispute as soon as possible. However, there may be some negotiations involved. If you and the other parent are ordered to mediation by a judge, we can represent you in these negotiations and help you focus on your goals.
Sometimes, life changes and your child’s custody arrangement needs to change. If you have a plan entered with the court, you must file a petition to change it. Perhaps one parent changes jobs and cannot be physically present to raise the child or takes another job far enough away that split custody isn’t feasible. We can help you change the custody agreement so that your child stays with you, but the other parent retains visitation and access to them.
Whatever your child custody needs, our Asheville child custody lawyer is here to help support them. We can help you. Call The McKinney Law Group today for a free consultation.
Types Of Child Custody Cases We Handle
The legal team at The McKinney Law Group manages a broad range of family law cases, emphasizing effective legal strategy and a solid grasp of North Carolina custody laws. The firm assists parents in contested and uncontested custody cases, relocation issues, parenting plans, and modifications. With extensive experience in both courtroom and settlement-based resolutions, our custody attorneys work to protect the best interests of the child while providing steady legal support. Whether dealing with separation, divorce, or changes in circumstances, the firm offers practical guidance and reliable representation. An Asheville, NC child custody lawyer at the firm is prepared to address a variety of custody-related issues with clarity and purpose.
Legal Custody And Physical Custody Cases
Legal custody refers to a parent’s right to make major decisions regarding the child’s education, healthcare, and upbringing. Physical custody relates to where the child lives and how much time they spend with each parent on a regular basis.
Joint Custody Arrangements
In some cases, both parents share legal and physical custody. These arrangements often involve detailed parenting plans that define schedules, transportation, and communication expectations.
Sole Custody Disputes
When one parent seeks sole legal or physical custody, it typically involves concerns about the other parent’s conduct, stability, or involvement. These matters are often contested and may require court intervention.
Temporary Custody During Separation
Temporary custody arrangements provide stability for the child while divorce proceedings are still in progress. Courts may issue temporary orders to address parenting time and responsibilities while the case is pending.
Modifications Due To Life Changes
Post-judgment modifications can be requested when there is a substantial change in circumstances, such as relocation, a change in work schedules, or shifts in the child’s needs. These cases require demonstrating that the current arrangement no longer supports the child’s best interests.
Enforcement Of Custody Orders
When a parent violates a custody order, enforcement actions may be needed to address missed parenting time or interference. Legal remedies may include motions for contempt or court-ordered modifications.
High-conflict Parenting Disputes
Some custody cases involve ongoing disagreements about rules, discipline, schooling, or decision-making. These disputes often benefit from mediation, evaluations, or court involvement to reduce long-term strain on the child.
Cases Involving Relocation Requests
Our visitation rights lawyer shares that if one parent wishes to move with the child to another city or state, courts will evaluate how the move impacts existing custody rights. These cases often involve reviewing the reasons for relocation and the effect on the child’s relationship with the other parent.
Custody Matters Involving Unmarried Parents
When parents are not married, custody must still be legally established through the court. These cases may also involve establishing paternity and creating formal parenting schedules.
Support From Experienced Legal Counsel
An Asheville child custody attorney can provide focused strategies suited to both uncontested and contested custody situations. Our family law attorneys focus on legal custody, parenting plan development, and post-decree modifications with care and precision. Their approach is centered on long-term solutions that reflect the child’s needs and the realities of each parent’s situation. Attorneys like those at The McKinney Law Group handle custody arrangements thoughtfully and are committed to helping families take meaningful steps forward. Call today to speak with a legal professional about your custody matter.
Common Causes Of Child Custody Cases
Child custody disputes are often complex and emotionally charged aspects of family law. When parents separate, the primary concern often shifts to the well-being and stability of their children. Several factors can lead to child custody cases, each carrying its own set of considerations. An experienced Asheville, NC child custody lawyer can provide valuable guidance in these situations. Below are some of the most common causes of child custody cases:
Parental Disagreements Over Living Arrangements
One of the primary causes of child custody disputes is disagreement between parents regarding where the child will live. This can arise when one parent seeks sole custody or if both parents want to maintain primary physical custody of the child. These disputes may arise from differing views on what is best for the child or logistical reasons, such as proximity to family, schools, or work. Parents must present their case in a manner that clearly outlines why their preferred living arrangement benefits the child.
Issues Of Parental Fitness
In some custody cases, concerns over a parent’s ability to provide a safe and nurturing environment for their child may come into play. Issues like substance abuse, mental health concerns, or accusations of neglect can all lead to disputes over custody. If there are significant doubts about a parent’s fitness to care for the child, the court will assess these concerns carefully. A detailed assessment of the child’s best interests is the key in these types of cases, and legal representation can help navigate these sensitive situations.
Differences In Parental Schedules Or Involvement
Another frequent cause of child custody disputes is the amount of time each parent spends with the child. When parents have different views on how much time each should spend with the child or how involved they should be in decision-making, it can lead to tension and disagreements. These issues often arise in cases where one parent works long hours or travels frequently, making it difficult for them to spend consistent quality time with the child. A balance must be reached to avoid putting the child in the middle of any conflict.
Change In Circumstances
Our Asheville child custody lawyer shares that life events or changes in circumstances can sometimes spark a custody dispute. For example, if one parent moves to a different state or country, it can lead to questions about how custody should be adjusted. Similarly, a change in a parent’s financial situation or employment status can affect their ability to care for the child, leading to custody modifications. The court will evaluate the changes and decide whether the custody agreement needs to be modified to serve the child’s best interests.
Parental Alienation
In some cases, one parent may try to undermine the other parent’s relationship with the child, leading to accusations of parental alienation. This could involve actions like discouraging the child from spending time with the other parent or making disparaging comments about them. Parental alienation can lead to a situation where the child’s relationship with one parent is severed, and the court may intervene to protect the child’s emotional well-being.
Help From Our Team
A skilled Asheville child custody lawyer can help parents navigate through these disputes. Whether seeking custody, dealing with modifications, or addressing parental alienation, an attorney’s role is to protect the child’s best interests while also working toward a fair and balanced solution for the parents involved. When custody issues arise, consulting an experienced legal professional can greatly impact the outcome of the case.
At The McKinney Law Group, attorneys work diligently to help parents address the concerns surrounding child custody cases and strive to create solutions that benefit the child while respecting the rights of the parents. If you’re facing a child custody dispute, don’t hesitate to contact our office to discuss your case and explore your options.
Child Custody Law FAQs
Child custody matters are often among the most challenging issues families encounter during separation or divorce. Courts focus on what best supports the child’s emotional, physical, and developmental well-being. Legal guidance from our custody law firm helps families understand how these decisions are made and what factors are most relevant in each unique case. Working with our experienced Asheville, NC child custody lawyer can provide clear direction and support throughout this process.
What Do Judges Usually Look At When Deciding Child Custody?
When courts make custody decisions, the primary consideration is always the child’s best interests. Judges look at each parent’s ability to meet the child’s basic needs, emotional health, and educational stability. They also consider the child’s relationship with each parent and whether the home environment promotes safety and consistency. While no single factor decides custody, the overall goal is to maintain stability and protect the child’s welfare.
Can A Parent’s Job Schedule Affect Custody Decisions?
Yes, a parent’s work schedule can influence how custody arrangements are structured. Courts look at how a parent’s availability aligns with the child’s daily routine, school schedule, and extracurricular activities. If one parent’s work requires frequent travel or long hours, it might limit the amount of time they can spend providing direct care. However, flexible arrangements and shared custody plans can often be developed to support both parents’ involvement.
How Important Is A Child’s Preference In Custody Cases?
A child’s wishes may be considered, especially if the child is mature enough to express a reasoned opinion. Judges typically weigh the child’s age, emotional maturity, and the reasoning behind their preference. While a child’s voice matters, it is balanced with other factors like stability, safety, and overall well-being. In many cases, courts aim to give the child a sense of input while still prioritizing long-term stability and security.
Does Having A New Partner Affect Custody Decisions?
If a parent begins a new relationship, the court may examine how that change influences the child’s living environment. The focus remains on whether the new environment supports the child’s comfort, safety, and emotional needs. A new partner who contributes positively to the child’s life is generally not an issue. However, if the relationship introduces instability, conflict, or unsafe conditions, the court may reconsider custody terms. An experienced child custody attorney can help address these concerns in court proceedings.
What Role Does A Parent’s Past Behavior Play In Custody Cases?
Past conduct can significantly influence a judge’s decision, especially if it reflects a pattern affecting parenting ability. Courts often look at the history of caregiving, reliability, and any incidents of neglect, abuse, or substance misuse. Positive involvement in the child’s life, such as maintaining steady communication and providing consistent care, can strengthen a parent’s position. Our family law attorney can help present evidence that demonstrates a parent’s ongoing commitment to their child’s well-being.
Supporting Families Through Custody Challenges
Child custody cases call for a fair and thoughtful approach that safeguards children while helping parents achieve workable and just solutions. Each decision carries emotional and legal weight, and having professional guidance makes a difference when working through disputes or modifications. For families seeking support, our Asheville, NC child custody lawyer can explain local custody laws, court procedures, and possible outcomes. Attorneys at The McKinney Law Group are committed to helping families move forward with clarity and compassion.