Hendersonville Child Custody Lawyer

Are you looking for a child custody lawyer in Hendersonville, NC?

At The McKinney Law Group Family & Divorce Lawyers, we are Hendersonville, NC child custody lawyers committed to thorough preparation in every matter we handle.

If you and your child’s other parent disagree about where your child will live, a Hendersonville, NC child custody lawyer can present your position in mediation and in court. At The McKinney Law Group Family & Divorce Lawyers, we represent mothers and fathers in custody and visitation cases, and our founder has worked in family law for nearly two decades. Schedule a consultation with us about your child’s current schedule and the custody arrangement you want the court to order.

Child Custody Lawyer Hendersonville, NC

A child custody lawyer represents a parent in a dispute over where a child lives and who makes decisions for the child. A Hendersonville child custody attorney gathers the evidence a judge needs, such as school records and each parent’s work schedule. The attorney also prepares the client for mediation, which North Carolina requires in most contested custody cases.

Children under 18 make up 17.4% of Henderson County’s population of 122,375, according to Census Bureau QuickFacts. Custody orders for children in Hendersonville are entered in Henderson County District Court. An order stays in effect until the child becomes an adult or the court changes it.

Types of Child Custody Cases We Handle in Hendersonville, NC

Custody cases differ depending on whether an order already exists and how well the parents cooperate. The custody matters our child custody attorneys handle are listed below.

• Initial custody orders. A parent can request a custody order when none exists. We file the complaint and present evidence of each parent’s role in the child’s daily care. The court can award any of several types of child custody.
• Parenting plans and visitation. A custody order needs a clear schedule for weekdays, weekends, holidays, and school breaks. We draft a parenting plan that states exchange times and locations so that both parents know what the order requires.
• Custody mediation. Parents in a contested case attend mediation before a judge hears the case. Attorneys do not attend the session, so we prepare you for custody mediation in advance. We also review any proposed agreement before you sign it.
• Emergency custody. A court can enter an immediate temporary order when a child faces a serious risk of harm or removal from the state. We file these motions with supporting affidavits.
• Modification. A parent can ask the court to change an order after a substantial change in circumstances that affects the child. A relocation, a new work schedule, and a safety concern are common grounds for a custody modification.
• Enforcement. A parent who violates a custody order can be held in contempt. We file motions to enforce custody orders when a parent withholds the child or ignores the schedule.
• Custody for unmarried parents. An unmarried father has the same right to seek custody as a married father once paternity is established. We file custody claims for unmarried mothers and fathers.
• Relocation. A move by either parent can make the existing schedule unworkable. We represent parents who need to move and parents who oppose a move.
• Divorce. Custody is often decided in the same case as the divorce. We address custody early because the schedule set during separation often influences the final order.
• Child support. The custody schedule is one of the inputs in the support calculation. We review how a proposed schedule would change the support amount before you agree to it.

Why Choose The McKinney Law Group Family & Divorce Lawyers as my Child Custody Lawyer in Hendersonville, NC?

Family Law Experience and a Background in Psychology

Our founder, Damien McKinney, has handled custody disputes, divorces, and child support cases since 2006. He earned a psychology degree from Florida State University before he attended Stetson University College of Law. He practices in North Carolina and Florida. Super Lawyers selected him as a Rising Star beginning in 2012.

Custody cases depend on how a judge views each parent’s relationship with the child. A family lawyer in Hendersonville, NC with long experience in custody disputes knows which facts judges give the most weight.

Preparation for Mediation and for Court

We prepare every custody case as if a judge will decide it. That preparation includes a proposed schedule, a timeline of each parent’s involvement, and a list of witnesses. The same preparation helps in mediation because you know what you can prove before you negotiate. A Hendersonville, NC child custody attorney who has organized the evidence early can also respond quickly if the other parent files an emergency motion. We have resolved custody cases through parenting agreements and through hearings.

Understanding Child Custody Cases

What Are Important Aspects of a Child Custody Case?

The court decides custody based on the best interests of the child. The following issues carry the most weight.

• Caregiving history. Judges look at which parent has handled meals, school, medical appointments, and bedtime.
• Stability. A consistent home, school, and routine count in a parent’s favor.
• Cooperation. A parent who supports the child’s relationship with the other parent is viewed more favorably than a parent who interferes with it.
• Safety. Domestic violence, substance abuse, and neglect can limit a parent’s custody or lead to supervised visits.
• Documentation. Records made at the time of an event are more persuasive than a parent’s memory of it.

Types of Custody and Best Interest Factors

North Carolina recognizes legal custody and physical custody. Legal custody is the authority to make major decisions about the child’s education, health care, and religion. Physical custody determines where the child lives. Either type can be shared by both parents or awarded to one parent. Shared physical custody does not have to mean equal time. A schedule can give one parent the school week and give the other parent weekends and extended time in the summer.

The law does not favor mothers over fathers. A judge compares the two homes and decides which arrangement serves the child. The judge can consider the wishes of a child who is mature enough to express a reasoned preference, but the child does not make the decision.

Parents can also agree on custody in a written parenting agreement. A judge can approve the agreement and enter it as an order. A custody order can also address travel, communication with the child, and how parents share information from schools and doctors.

What Is The Child Custody Case Timeline?

A contested custody case in Henderson County follows these steps. Parents can settle at any step by signing a parenting agreement.

1. Filing. One parent files a complaint or motion for custody.
2. Service. The complaint is delivered to the other parent, who can file a response.
3. Orientation and mediation. Both parents complete an orientation class and attend a mediation session.
4. Temporary order. The court can set a temporary schedule while the case is pending.
5. Hearing. A district court judge hears testimony from the parents and their witnesses.
6. Order. The judge enters a custody order that both parents must follow.

What Should You Bring to Your Child Custody Consultation?

These records help a child custody lawyer evaluate your case at the first meeting.

• Any existing custody order, separation agreement, or parenting agreement
• A calendar that shows where the child has stayed in recent months
• School records and medical records
• Text messages and emails with the other parent about the child
• The names of teachers, caregivers, or relatives who know your role in the child’s life

We start the consultation with your child’s routine and the schedule you want. We then explain how a judge would view the facts. We also tell you which parts of your proposed schedule a judge is unlikely to approve.

Hendersonville Family Court and Local Resources

Henderson County District Court hears custody cases at the courthouse on North Grove Street in Hendersonville. The following resources are available to parents.

• The Custody Mediation Program holds an orientation class and a mediation session for parents in contested cases.
• Parents can complete the mediation orientation online before their session.
• The Access and Visitation Program assists parents who want regular visitation with their children.
• The state court system explains filing, service, and hearings in its child custody help topic.

Reach Out to The McKinney Law Group Family & Divorce Lawyers to Schedule a Consultation

Talk to a child custody attorney in Hendersonville, NC before your mediation session or your first hearing. During your consultation, we look at your current schedule and explain what a judge would need to see to order the arrangement you want. Contact us to schedule your child custody consultation with The McKinney Law Group Family & Divorce Lawyers.