Disagreements between divorcing couples over child care issues can be problematic. Trying to solve these matters without the help of an attorney may lead to an unfavorable outcome. Morgenstern Law, PLLC is a child custody lawyer near me with the experience you need.
Lawyers’ Costs In Child Custody Cases
For many consumers, lawyers’ fees can seem confusing. Often, due to the nature of the legal matter, attorneys have different types of billing structures. Some lawyers charge a flat fee while others an hourly fee.
Usually, the change in the pricing system is due to the nature of the legal matter. For example, drawing up a will or closing a real estate transaction is usually straightforward, predictable, and routine. Thus, most lawyers charge a flat fee for handling these matters.
Other types of legal issues, such as divorce cases can involve complex and ongoing issues. Many times, the parties involved in a family law issue are unfriendly and combative. These types of cases may involve many hours of gathering information, filing paperwork, hiring experts, and court time.
Many child custody cases involve parents who disagree on the best way to raise their children. When parents refuse to reach an agreement, the process can be expensive.
Child Custody Laws In NC
In the case of a divorce, parents must decide who will take care of the children. Without a legal document detailing responsibilities, you run the risk of your partner independently changing the terms. However, a court-ordered child custody agreement binds the parties to the terms. Failure to follow the court order can lead to legal consequences.
Child custody laws in NC differentiate between physical and legal custody. The living arrangements for the children fall under physical custody. While decisions on schooling, religious instruction, and medical care constitute legal custody.
Several variations of custody exist. Sometimes, parents may share equally in both types of custody. This means parents must make major life decisions together and share physical responsibility. Other times, one parent may have sole physical custody while sharing legal custody. Finally, one parent may have sole custody both legally and physically.
How A Lawyer Can Help With Child Custody Agreements
Sometimes, divorcing couples can agree on custody issues regarding their children. Even in these instances, it’s best to hire an attorney to ensure you’re protecting your legal rights. Plus, you’ll need several other forms and legal documents in addition to the custody agreement. Hiring an experienced attorney will ensure you fill out and file your paperwork correctly.
Mediation is another option open to divorcing couples. A mediator is a neutral third party who helps couples work through their difference to forge an agreement. In preparing for mediation, an attorney can provide coaching and also review the resulting agreement.
Unfortunately, some couples simply can’t reach an agreement about what’s best for their children. When this happens, couples must take their child custody issues to court. While you don’t need a lawyer to represent you in court, it is advisable. An attorney can devise a strategy and help you achieve a favorable outcome.
Taking Your Case To Court
As mentioned above, when divorcing couples simply cannot agree on child custody issues, they must resolve their differences in court. Judges hearing custody cases in NC use the “best interests of the child” benchmark when making their decision. While the law doesn’t specifically give a definition, courts will examine a variety of factors including:
- Developmental needs of the children
- Health and well-being of the parents
- The home environment
- Each parent’s relationship with the child
- Any violence in the home
- Drug or alcohol abuse
In making their decisions, judges try to disrupt children’s lives as little as possible. To determine the best custody arrangement for the children, the court must delve into you and your spouses’ personal lives.
FAQs To Help You Find A Qualified Child Custody Lawyer Near Me
Finding a great child custody lawyer near me is crucial for a favorable outcome. Yet, with so many options, it can be difficult to choose. To help you, we’ve answered some of our most commonly asked questions.
What Type of Lawyer Handles Child Custody Cases?
Fundamentally, the law is dynamic. It evolves with new legislation and rulings from court cases. Thus, you need a lawyer who is familiar with these changes and their implications.
Although a general practice lawyer may take your case, it’s best to hire a lawyer specializing in family law. This legal area focuses on issues involving family relationships including child custody. A family law attorney will be up to date on the most recent developments.
How Do I Choose From All The Custody Lawyers Greensboro NC Has To Offer?
Certainly, you can find many family law attorneys right here in the Greensboro area. However, when you narrow down your search for a board-certified specialist, the list becomes shorter.
Yet, hiring a board-certified specialist may affect the outcome of your case. Ultimately, choosing a lawyer with a legal specialization signifies a high proficiency in that particular area.
Barbara R. Morgenstern and Ashley D. Bennington of Morgenstern Law, PLLC are board-certified specialists in family law. With over 40 years of combined experience, we also have honors and awards from many North Carolina legal organizations. Additionally, we’ve received Tier 1 status for family law from U.S. News & World Report.
Moreover, we offer practical, compassionate advice designed to keep you out of the courtroom. However, if court becomes inevitable, we’ll work hard to protect your rights.
Call us today at 336-203-9110 to schedule your appointment.