Children and Divorce

Divorce alone is often confusing enough. However, the topic of children and divorce can be even more complex and challenging for many North Carolina parents. If you have questions about divorce, or you or your spouse have or soon will be filing for divorce, having a compassionate North Carolina divorce attorney who has experience with children and divorce will be an invaluable asset to you.

How is Child Custody Determined in North Carolina?

Ideally, divorcing parents should work together to develop a parenting plan that best serves the needs and interests of their children. Your North Carolina divorce lawyer can often help negotiate a parenting plan or set up mediation sessions. However, North Carolina courts recognize that this isn’t always possible in every family.

If a family court judge must decide custody matters, they will consider factors such as:

• The child’s relationship with each parent
• The child’s desires, if they are old enough
• The financial and living circumstances of each parent post-divorce
• Any history of child or domestic abuse

What is most important to the court is devising a custody order that serves the child’s best interest.

Will You Pay or Receive Child Support?

There is no blanket answer for this question. Family courts determine this on a case-by-case basis. The judge’s goal is to ensure that the child’s needs are met and that they can generally sustain the same standard of living that they did while the marriage was still intact. For example, suppose one parent makes less than the other but has primary physical custody. In that case, the judge may see fit to order the other parent to pay child support. It’s best to discuss this question with a seasoned North Carolina divorce lawyer familiar with your situation and the law.

Are Custody and Child Support Orders Final?

Orders pertaining to child custody and child support are designed to be final. However, the courts understand that sometimes circumstances can change. For example, a parent may receive a raise or lose their job, a child may have increased medical or educational expenses, a parent may have additional children, or one parent’s work schedule or location may change.

If you experience a significant change in financial or life circumstances, bring it to the attention of your North Carolina divorce attorney. They can help you determine if you need to file a request to have your court orders changed. If so, they can help you through the process. Even if you and your ex-spouse can make these changes amicably, you will want to have them reflected in the court orders to protect yourself.

Are You Divorcing with Children? Our Compassionate North Carolina Divorce Attorneys Can Help

Suppose you are facing issues surrounding children and divorce. In that case, the compassionate North Carolina divorce lawyers at the King Law Firm are here for you. We know that divorces involving children can be quite stressful, emotional, and contentious. Our attorneys want to help you understand your options under the law so that you can make the best decisions for you and your children moving forward.

At the King Law Firm, we offer confidential case evaluations to help you determine your next steps in a divorce situation. We have several offices and can also meet with you at other locations you might find more convenient. Call us at (800) 635-1683 today to schedule your evaluation or use our easy online contact form.

Five Grounds for Divorce

North Carolina law recognizes that no two divorces are alike. While most divorces have similarities, there are no cookie-cutter divorces. Each type of divorce has different grounds and requirements. When you hire an experienced North Carolina divorce attorney, you can be assured that you are seeking the right divorce for you and utilizing the right legal solutions.

North Carolina’s Two Types of Divorce

North Carolina recognizes two different types of divorce; absolute divorce and divorce from bed and board. An absolute divorce is the final end to a marriage that ends with a divorce decree. Matters of child custody, asset division, and spousal support will be addressed in these divorces. In an absolute divorce, there are only two options for grounds for divorce; incurable insanity and separation for one year.

On the other hand, divorce from bed and board isn’t an official divorce. It’s actually a legal separation. It typically involves the same types of matters as an official divorce. However, there are five grounds for divorce from bed and board.

Five Grounds for Divorce from Bed and Board

Abandonment, Desertion, or Turning Out

This ground for divorce from bed and board applies when one spouse:

• Abandons the family
• “Turns the other spouse out of doors”
• Leaves suddenly without justification or the consent of the other spouse

Cruel or Barbarous Treatment

How one spouse treats another can give rise to this grounds for divorce from bed and board. If one spouse behaves in a manner that endangers the life or the physical well-being of the other spouse, they may use this ground. It typically involves physical violence, but not always.

Indignities

This is a “catch-all” ground for divorce. An indignity is typically an action that renders a spouse’s condition intolerable and burdensome. Acts such as the following can be considered an indignity:

• Humiliation
• Persistent verbal abuse
• Recurring false accusations of adultery

Drug Abuse

Sometimes a spouse excessively uses drugs or alcohol, so much so that it renders the sober spouse’s living conditions intolerable. In these cases, a divorce from bed and board is appropriate on such a ground.

Adultery

If one spouse can adequately prove that the other committed adultery, they can ask for a divorce from bed and board on the grounds of adultery. A skilled North Carolina divorce lawyer can often help establish this fact.

Do You Have Questions about Grounds for Divorce? Contact a Seasoned North Carolina Divorce Attorney Today

No matter if you are seeking a traditional divorce or a divorce from bed and board, our North Carolina divorce lawyers know how stressful this time of life is. We are here to help you understand all of your options and choose the best ones for you and your family. When you meet with us, we make it our mission to understand your goals in your divorce and to fight for your rights. Our family law attorneys treat you like an individual, knowing that each divorce is different.

It doesn’t matter where you live or work; we have many office locations in North Carolina to assist you during this difficult time. We can even meet with you at other convenient locations if necessary. Call the King Law Firm today at (800) 635-1683 to schedule your complimentary consultation or use our confidential online contact form. We are available 24/7 to speak with you.

Father’s Rights in North Carolina

North Carolina family laws and courts reflect the importance of each parent in the lives of their children. While historically, mothers were given far more rights than fathers simply because of their gender and societal roles, fathers are finally getting the rights they deserve. In this state, mothers and fathers aren’t given preference based on gender. If you are a dad seeking to be involved in your children’s lives, this is excellent news.

Whether you are going through a divorce or were never married to your child’s mother, you need to be aware of your father’s rights in North Carolina. Fathers who aren’t aware often miss out on exercising the rights they are legally entitled to receive. The best way to learn more about your rights and protect them is to meet with and hire a seasoned North Carolina father’s rights attorney who can fight for you.

The Right to Be on the Birth Certificate

If you are the biological father of a child, you have the right to be listed on their birth certificate. In fact, it’s also in your child’s best interest that you are. Suppose your child’s mother is refusing this right. In that case, our North Carolina father’s rights lawyers can help you establish paternity through a genetic paternity test and legal documentation. Once it is established that you are the biological father, we will help you get your name on your child’s birth certificate.

The Right to Custody

North Carolina courts have no presumption as to whether the child’s mother or father will be a more fit custodial parent. Until a judge finds reason otherwise, both parents are considered fit and capable of caring for their kids. The bottom line is what is in the best interest of the children. You have a right to custody of your children just as much as their mother does. At the King Law Firm, our experienced North Carolina father’s rights lawyers aren’t afraid to fight for your right to have custody of your kids.

The Right to Child Support

Similar to child custody matters, mothers traditionally were the parent who received child support. However, just as custody has shifted to a non-gendered matter, so has child support. Who pays or receives child support is dependent upon custody and other financial issues between the parents. Depending on these matters, a father has the right to receive child support payments when appropriate.

North Carolina Father’s Rights Attorney

Unfortunately, many dads are unaware of their father’s rights in North Carolina. As such, they may lose out on time and relationships with their children or even the financial support they deserve. In some cases, it can even impact their children’s lives. Working with a North Carolina father’s rights lawyer can ensure that you are well-versed in your rights and pursue them through the courts. This serves to benefit both you and your kids. Don’t accept what someone is telling you about your father’s rights until you can speak with a well-versed attorney.

The King Law Firm has multiple office locations in North Carolina to best serve our clients, and we even meet with clients in other locations. Learn more about your father’s rights in North Carolina by scheduling your no-obligation consultation with the King Law Firm. Call us at (855) 205-9940 or use our online contact form.

Can a Man Win Child Custody?

Divorce encompasses and impacts nearly every area of your life, including your property and assets, your finances, where you will live, and unavoidably, your children. If you are facing a divorce, you might be concerned about what will happen to your children. At the King Law firm, we represent many fathers who wonder: Can a man win child custody? The simple answer is yes. Our North Carolina father’s rights attorneys have helped countless fathers obtain custody of their beloved children.

Child Custody 101

North Carolina courts divide child custody into two parts; legal and physical. Legal custody means decision-making authority. The parent(s) with legal custody has the privilege and responsibility of making crucial decisions for their children, such as those dealing with religion, education, and healthcare. Physical custody refers to which parent the child spends the majority of their time with.

Legal and physical custody can be awarded to one parent, both parents, or a combination of either. Legal and physical custody doesn’t have to be awarded the same way. For legal custody, both parents might have joint custody, but one parent is awarded the ultimate decision-making authority. In these cases, the parents should discuss the matter, but if they can’t agree, that parent makes the final decision. Physical custody can be given to one parent, jointly shared between both parents, or one may have the child more often while the other is granted visitation.

Can Dad’s Obtain Custody of Their Children?

Decades ago, mothers were the preferred physical and legal custodians when two parents were no longer married or in a relationship. Society, and therefore the courts, believed that children were best served by being with their mothers. While this is true in some cases, it’s not in every case. Such thinking unfairly denies father’s their rights to their children.

Today, courts don’t consider gender when making custody determinations. Mothers and fathers both have an equal playing field when it comes to obtaining physical or legal custody of their children. As such, in many situations, it’s quite possible for dads to receive sole or joint legal or physical custody of their children.

Instead of gender, courts consider the following factors when deciding on custody orders:

• Each parent’s relationship with the child
• Each parent’s ability to support the child
• Each parent’s financial resources post-divorce
• Where each parent will live after the divorce
• The best interests of the child
• The child’s wishes (depending on their age)
• Paternity
• If there is any history of domestic or child abuse by either parent

Even though the odds aren’t generally stacked against fathers like they used to be, it’s still wise to have a skilled North Carolina father’s rights lawyer on your side if you are battling for custody of your children.

Meet with an Experienced North Carolina Father’s Rights Attorney Today

Can a man win child custody? In today’s legal climate, oftentimes, they can. This accomplishment starts with solid representation from an experienced North Carolina father’s rights lawyer. At the King Law Firm, we are familiar with the local courts and judges and issues you might be up against.

We have several office locations in North Carolina to conveniently serve our clients. If necessary, our attorneys can also meet with you at other locations. Schedule a consultation with the King Law Firm by calling (800) 635-1683 or using our confidential online contact form. One of our experienced North Carolina family lawyers is available 24/7 to speak with you about your legal needs.

Can a Father Get Full Child Custody in North Carolina?

Very few fathers have custody of their children. In fact, according to census records, only 17% of custodial parents are fathers. While there may be various reasons fathers are not typically the custodial parent, the courts do not discriminate against dads. As a father, you should not feel discouraged from seeking full custody. Most North Carolina judges try to ensure that decisions being made are in the children’s best interest. While most courts generally favor children continuing a relationship with both parents, it is possible for the father to be granted full custody Whether you’re a dad seeking full or joint custody, you need to do everything you can to prepare for your child custody negotiation. Have one of our experienced North Carolina family attorneys evaluate your situation and help you gather all the right evidence to support your full custody request. Complicated emotions arise from a separation or divorce, don’t add the unnecessary stress of attempting to navigate a custody arrangement alone. Find out how a father can get full custody of a minor in North Carolina.

How Can a Father Get Full Custody of a Minor?

A father has just as much right to file for full custody as a mother. If the child’s father can prove that they can provide basic care and a healthy environment for their child, they can file for full custody. Courts look at several factors to determine if either parent should be granted full custody, such as their ability to provide for the child financially and whether it is in the child’s best interest to be with the parent making the custody request. The lawyers at King Law Firm in North Carolina are ready to assist you in your custody battle.

How to File for Custody in North Carolina

Either parent can file a request for custody at any time so long as there isn’t an order already in place. Parents may decide on their own custody agreement or leave matters up to the judge in court. Before scheduling a trial, the judge will often order parents to attend mediation where couples can work through their custody agreement with the help of a mediator. If the mediation is unsuccessful, a case for trial will be set by the judge. You must file a complaint about custody in order to file for custody, and you can file regardless of marriage to your ex-partner.

If you’re a father who has doubts that your former partner can adequately care for your child and want to file for full custody, here are some factors that can affect a father’s right to be awarded full custody:

• The fathers current housing situation
• Paternity
• The nature of the father’s relationship with the child
• The father’s financial situation
• What is in the best interest of the child

Custody decisions in North Carolina will depend on the circumstances of your case. Judges often decide custody by determining what the child’s best interests are, and there is no preference for mothers over fathers in custody cases.

How Can I Improve My Chances for Full Custody if I Haven’t Been a Good Parent?

If you’re a parent with a history of domestic violence, you may have limits placed on your custody rights, such as supervised visits ordered by the judge. Parents who haven’t been present in their children’s lives in the past shouldn’t expect to receive full custody right away and should instead work on spending time demonstrating that they are responsible by spending time with their child, receiving treatment, or counseling for substance abuse issues. No matter the actions you decide to take, overcoming your past will take time, and the judge isn’t going to trust you right away. At King Law Firm, our exceptional family lawyers are prepared to aid you, as a father, in your fight to gain full custody of your child or children.

Put Your Trust in Our Experienced North Carolina Family Lawyers

Our dedicated team of family lawyers is prepared to help you make the best decisions regarding the legal and physical custody of your child. Contact us or call our office at (855) 205-9940 today.

3 Reasons That You Need a Divorce Attorney in North Carolina

Representing yourself in your divorce can be a complicated process. Having an experienced family lawyer guide you through the process can help your chances for a favorable outcome. If your marriage was short, you have no children or assets, neither party wants to receive spousal support from the other, or if you’ve both agreed on ending the marriage without a financial battle, you may be able to use court provided documents or information from credible legal websites to process your own divorce. At a time when emotions run high, making important decisions that will affect the rest of your life is best left in the hands of an expert. Here are five reasons why you should consider hiring one of our exceptional North Carolina Divorce attorneys.

Hiring An Expert Can Help You Avoid Mistakes

North Carolina state laws do not necessarily support an even split of assets. However, if you elect to hire one of our experienced lawyers at King Law Firm, you can rest assured that you will be closer to receiving what you deserve during the divorce process. In fact, in some cases, a spouse might be entitled to income or retirement that the other spouse will benefit from in the future. People often make mistakes when completing their own divorce because the legal system is complex, and navigating through the emotionally stressful process can make it difficult to think clearly. In court, people who chose to represent themselves in their divorce cases do not get special treatment; in fact, they are held to the same standards as lawyers would be by the presiding judge. Putting your trust in one of our compassionate family lawyers will ensure that your case is being properly handled the first time and help you avoid making costly mistakes, so you end up with what you actually need out of the divorce.

Reduce Stress by Seeking Objective Advice

You may be experiencing a whirlwind of emotions during your divorce. Emotions are heightened in divorce cases which makes it difficult for the people involved to think objectively. Working through feelings of sadness, betrayal, fear, or depression during a divorce process will limit your ability to resolve critical issues and make important decisions about the future. One of our top-rated North Carolina divorce lawyers can act as an objective third party and help you work towards the best outcome for all parties involved. A good attorney will act as a buffer between you and the other side, preventing you from allowing your emotions to interfere with the case or cause you to have unrealistic expectations as far as the outcome of the case. During this challenging time, you want to take care of yourself, your mental health, and your family first; let us take care of all the complicated legal work.

Avoid Paperwork and Potential Delays

If you’re attempting to file for divorce on your own, it may feel like you’re being buried under a mountain of paperwork. Although, any person can access and use court-provided documents to begin the divorce process, significant issues can arise with completing the proper forms or providing the correct information. Filling out paperwork incorrectly or failing to have all the proper forms when a person goes to court may result in significant delays as the judge relies heavily on these documents to decide the outcome of your case. By hiring an attorney, you can avoid these types of problems and be sure that your legal documents are presented accurately in court and free of any errors that will make the final agreement difficult to enforce. One of our expert lawyers at King Law Firm can assist you in increasing your chances of presenting a favorable argument.

Contact Us Today to Speak to a North Carolina Divorce Lawyer

Our dedicated North Carolina divorce attorneys are committed to guiding you through a complex divorce process. Don’t hesitate to call us at (855) 205-9940 today.