Locust Child Custody Lawyer

Locust Child Custody Attorney

Going through a divorce is tough, especially if you have children going through it with you. Child custody can be a big part of divorce, and it can be frustrating when you and the other parent don’t agree on custody arrangements. If this is the case, a Locust child custody lawyer can help. Or if you have a child custody case that is not part of a divorce, speaking to a child custody lawyer is also recommended.

Lehnhardt Price Family Law is a family law firm committed to representing clients with customized legal services. Our firm focuses primarily on family law and provides one-on-one client-attorney relationships, with accessibility being one of our top priorities. Communication between the client and the experienced family lawyer in Locust is key to achieving the ideal outcome in all family law cases.

What Is a Custody Agreement?

The Locust courts want to see an agreement that supports the child’s interests. It should reflect the child’s schedule with each parent and foster an ongoing relationship with both parents, as long as both parents are able to safely care for the child. It should also specify how decisions regarding the child should be handled.

If you’re having trouble coming to terms that both you and your spouse or the other parent of your child can agree on, a Locust child custody lawyer is a great resource for when it comes to facilitating an agreement. What you don’t want is for a judge to decide for you, since you know your family better than a stranger.

Legal Custody vs. Physical Custody

Understanding the different capacities of child custody can help you formulate a parenting plan. Legal custody gives one or both parents the right to make decisions on behalf of the child. Physical custody gives one or both parents the right to have the child in their physical care, whether part-time or full-time. Both legal and physical custody can be shared between two parents or held primarily by one parent.

Primary Custody vs. Joint Custody

When a parent is awarded sole legal custody, this means they have the right, solely, to make decisions on behalf of their child. They do not have to consult the other parent. When parents share legal custody, which is referred to as joint legal custody, they must discuss with each other before making a decision on behalf of the child. Types of decisions that legal custody involves include those regarding education, religion, and medical treatment.

Primary physical custody is awarded if the child will live primarily with one parent. The child still may have visitation with the other parent.  While extremely rare, sole physical custody is awarded in some cases. If parents have joint physical custody, this means that the child will live with both parents, and the time will be split between the two households. Having primary physical and secondary physical custody means that the child is primarily with one parent and spends less time with the other.

No Custody Order

North Carolina does not require a custody order. In this case, both parents share equal rights to their child. Legal parents are those who are officially recognized on a child’s birth certificate, on a court order for adoption or child support, or on an affidavit of parentage. In 2023, 35% of children in North Carolina lived in single-parent households, and not all of these families had custody orders, but in some cases, it was in the interest of the child and within the rights of the parent.

North Carolina Child Custody and Visitation Mediation Program

North Carolina law requires anyone who files for a custody order to attend custody mediation, which generally includes an orientation class and a two-hour mediation session. You can file a motion and an order to waive custody mediation if you have a valid reason. It is suggested that you speak with a Locust child custody lawyer to understand your legal rights as a parent and discuss the role of mediation in child custody cases.

FAQs About Locust, NC Child Custody Law

What Not to Say in Court?

In court, it is recommended that you be careful about speaking negatively about your child’s other parent, as this can make you look bad in front of the judge and hurt your case. Don’t lie, exaggerate, or be disrespectful. Don’t say things that might make you look uncooperative. Set an example with a positive attitude to make a good impression.

What Is It Called When You Can’t Afford a Lawyer?

The legal term for ‘without a lawyer’ is ‘pro se.’ This is a Latin phrase that translates to ‘on one’s own behalf.’ When a person represents themselves in court without a lawyer, they are referred to as ‘pro se.’ When a lawyer works for free, it is referred to as ‘pro bono,’ which means ‘for the good of the public.’  For most family law cases, including custody, there is no entitlement to court-appointed counsel or legal aid.  Of course, there are exceptions, such as cases for contempt.

Contact Us

If you are in the middle of a custody battle with your child’s other parent, it is imperative that you have an experienced Locust child custody lawyer to advise you in your case. This is especially true if the other parent has hired an attorney. Lehnhardt Price Family Law is available to consult with you about your case and provide you with the legal support you need moving forward with your custody case. Contact us to schedule an appointment to discuss this important family matter.