Custody proceedings can be emotional and stressful. Preparing for a child custody hearing in North Carolina is crucial. A child custody lawyer can help you understand what to expect and what to do before going to court.
While child custody laws are complex, North Carolina’s primary goal is to arrange custody in your child’s best interest. Keeping that in mind—and retaining a skilled family lawyer—ensures that you present a persuasive case.
Understanding Child Custody Laws
Understanding North Carolina’s child custody laws can help you manage the legal process and set realistic expectations. During a custody hearing, the court will try to resolve any disputes between the parents and create a clear parenting plan. Custody and visitation are part of that plan.
Custody Types
First, you should understand the different types of custody:
- Legal custody is the right to make major decisions about your child’s life, such as their education, healthcare, and religious upbringing.
- Physical custody is the right to have your child live with you. This determines your child’s primary residence.
Parents may have or share physical custody, legal custody, or both. These are the most common arrangements:
- Joint custody – Both parents share legal and/or physical custody, making decisions together and/or having the child split time between both homes.
- Sole custody – One parent has physical and/or legal custody, with limited or no involvement from the other parent.
- Visitation rights – If one parent has sole physical custody, the other parent may be granted visitation rights to maintain a relationship with the child.
Depending on the custody hearing results, multiple arrangements are possible. For example, a parent could have sole physical custody and share legal custody.
Custody Factors
It’s also helpful to understand what the court considers when determining custody. Above all, they want what’s best for your child’s health and happiness. The court will evaluate these and other factors:
- Your child’s well-being, including their emotional, physical, and developmental needs
- The quality and strength of the relationship between the child and each parent
- Each parent’s ability to provide a stable and consistent environment
- Each parent’s willingness and ability to communicate and work together for the child’s best interest
- Your child’s preference if they’re of sufficient age and maturity
- Any history of domestic violence, abuse, or neglect by either parent
- Each parent’s mental and physical health, including any history of substance abuse
- Any additional circumstances that affect your child’s welfare, such as each parent’s living situation
Gathering Necessary Documentation
Your child custody attorney will help you gather and prepare the documents you’ll need for the hearing, which typically includes:
- Proof of your income, such as tax returns and pay stubs
- Your child’s medical records and school reports
- Communication records between you and the other parent
- Any previous court orders or agreements
It’s helpful to organize these records in folders or binders for easy access. Your attorney might advise you to bring photos and videos of you and your child to show your bond and relationship. If you keep a parenting journal, that can also be valuable evidence. This might include receipts for things you’ve bought your child, photos of their room at home, calendars with school events and who was responsible for taking them, their daily routine, and more.
Preparing Your Testimony and Statements
Testifying in court can be intimidating, but a skilled family lawyer can ensure you’re well-prepared. Your goal is to present yourself as a positive parental influence. Keep calm, speak clearly, and avoid talking negatively about your child’s other parent—focus on what you offer your child.
Your attorney will help you decide what to highlight during your testimony or statement. This can include things like what you’ve done to become a better parent (such as taking classes or reading books), how you keep them healthy and safe, how you help their educational and social development, and other key parts of parenting.
Securing Witnesses and Expert Testimony
Your hearing may require character witnesses or expert testimony. Character witnesses are people who can testify as to your relationship with your child, your child’s health, and how your child is performing socially or at school. For example:
- Friends, family, or neighbors who can speak to your relationship with your child
- Teachers, doctors, or childcare providers who can offer insights into your child’s well-being
If your case requires expert testimony, your attorney might engage psychologists, social workers, or other professionals who can assess your child’s needs and best interests.
Working with a Child Custody Attorney
If you have a child custody court hearing coming up, hiring an attorney is crucial. A family law attorney can answer your child custody hearing questions and help you set goals. They will ensure you know what to expect in court, including proper etiquette and courtroom procedures. They’ll also provide strategic advice for your unique situation, whether you have a good co-parenting relationship or not.
Lawyers know the ins and outs of North Carolina family courts and laws. This experience helps them evaluate the most likely outcomes and prepare a compelling case. Most importantly, they’ll represent you in court during a potentially stressful and emotional time. A skilled lawyer can present your case and advocate for a fair result that benefits you and your child.
Contact Our North Carolina Child Custody Lawyers Today
With over 25 years of experience, Charles R. Ullman & Associates is invested in offering compassionate and strategic family law services. Our small firm is led by a North Carolina State Bar-certified Family Law Specialist, allowing us to provide exceptional personalized legal advocacy for each client. We also have a deep commitment to our community and domestic violence prevention.
Our clients appreciate our commitment to them, which is obvious by their glowing reviews, such as this one:
“I had a very high conflict custody case and was fortunate enough to have Charles and his team working with me. He and his office are absolutely amazing, they are kind and understanding and always willing to go the extra mile to help. I truly appreciate everything that they did to help me and my boys and I am forever indebted to him and his staff. I will highly recommend if you have to go into court that you do so with Charles and his office.” – Christie E.
If you’re preparing for a child custody hearing, Charles R. Ullman & Associates can help you build a comprehensive case so you feel confident seeking what’s best for your child. Call today at (919) 829-1006 or reach out online to learn more.
