Experience
Our firm’s founder Attorney Charles Montgomery has over 40 years of proven, award-winning legal experience.
Separation and divorce can be difficult, especially when young children are involved. Having an excellent child custody or child support lawyer can help ease the process. In North Carolina, there is no guarantee for the mother, father or adoptive parent to receive a certain amount of child custody time. The standard the court will use to determine initial custody is the best interest of the child. Questions such as the child’s age, primary care during marriage, child bonding, work schedules and parenting abilities all have a role to play in child custody cases.
When parents separate, decisions regarding the care and support of their children must be made. If the parents are not able to resolve issues as to child custody or support between themselves or with the help of their respective lawyers, a judge will. In an effort to avoid child custody litigation, courts offer a state-supported custody mediation process to assist the parents. When parents cannot agree between themselves, the legal system authorizes a District Court Judge to decide who should have custody, how much visitation the non-custodial parent will have, and how much child support must be paid. Alternatively, Child custody, whether joint custody or sole custody can be agreed upon and formalized as part of a written and properly executed agreement or as part of a consent court order.
North Carolina Child Custody Visitation
Until parents complete and properly execute a written separation agreement (or consent court order) containing child custody provisions or the court grants custody, both parents have equal rights regarding their children. There are generally two types of child custody/visitation schedules:
Joint legal custody effectively means both parties are "fit" and can and will cooperate to make decisions concerning their children. Joint custody does not mean that each parent has physical custody of the child for half of the child's time. It means that the parents should continue to cooperate and work together to make the major decisions for the child.
Child Custody Litigation
Litigation is often expensive, with both parties usually represented by a child custody attorney. Litigation means the parents give up control over decision-making that has an enormous impact on their child. No judge can ever know as much about the needs of a child as the parents do. Use of the courts to resolve issues of custody and child support should be a last resort when there is no other way.
If you have a child custody or child support issue, please contact us today.
Our firm’s founder Attorney Charles Montgomery has over 40 years of proven, award-winning legal experience.
At Montgomery Family Law, each of our attorneys dedicates 100% of their law practice to family law and divorce.
Two of our attorneys are N.C. Board Certified Family Law Specialists, a certification earned by only 1% of lawyers statewide.
Known for our dedication, our firm is rated AV Preeminent® by peers, the highest rating possible for ethics and legal skill.