Our Asheville, NC family lawyer understands that when a couple decides to end their marriage, the divorce process typically involves several steps, including filing paperwork, dividing assets, determining child custody, and discussing financial support. Each state has specific laws that guide how these issues are handled. Divorce laws focus on equitable division, meaning assets and debts are split fairly, though not necessarily equally. If children are involved, the court prioritizes their best interests when deciding custody and support arrangements. Mediation is often encouraged to help both parties reach an agreement without a lengthy court battle.
How Is Child Custody Decided?
Child custody decisions are based on what is best for the child. Courts consider factors like each parent’s living situation, ability to provide care, relationship with the child, and any history of domestic issues. There are two main types of custody: legal and physical. Legal custody allows a parent to make important decisions regarding the child’s upbringing, while physical custody determines where the child lives. Joint custody is common, but in some cases, one parent may receive primary custody with the other having visitation rights. We work with families to present their strongest case for a fair custody arrangement.
What Factors Determine Child Support Payments?
Child support is calculated using state guidelines that consider each parent’s income, custody arrangement, and the child’s needs. Courts assess factors such as healthcare costs, education expenses, and any special requirements the child may have. In most cases, the parent with less physical custody is responsible for making payments to help cover these costs. If financial situations change over time, modifications can be requested through the court. Our legal professionals help parents understand their rights and responsibilities regarding child support agreements.
Do Grandparents Have Legal Visitation Rights?
Grandparents can petition for visitation rights, but approval depends on state laws and the family situation. Courts typically grant visitation if it is in the child’s best interest and does not interfere with parental rights. If one or both parents object, the court will evaluate whether denying visitation would negatively impact the child’s well-being. In some cases, grandparents may seek custody if the parents are unable to provide proper care. We can guide families through this process and help them understand their legal options.
How Do We Modify A Custody Or Support Order?
Changes in circumstances, such as job loss, relocation, or a shift in the child’s needs, may require modifying a custody or support order. To request a modification, a parent must file a petition with the court and provide evidence of the necessary change. Courts will review the request and determine if the modification is justified. The process may involve mediation or hearings to reach an updated arrangement. If you need assistance with a modification request, our team is here to help you take the right steps, treating you with the respect and care you deserve.
At The McKinney Law Group, we work with families to find practical legal solutions that protect their interests. If you need guidance on family law matters, schedule your free consultation to discuss your situation and learn how we can support you.