Child Custody Attorneys in North Carolina & South Carolina

Experienced, Professional & Compassionate Family Law & Child Custody Lawyers

Child custody legal disputes are often accompanied by insurmountable stress, heartache, and uncertainty. Collins Family & Estate Law Group was created to support families through these emotionally draining cases. Our child custody attorneys in NC and SC are committed to helping you and your child find peace of mind.

As you work with us throughout your child custody dispute, we’ll enable you to protect your child’s best interests and make informed decisions throughout the process. As we explain the law, advise you on your best options, and provide fierce advocacy on your behalf, your family will be empowered to move forward in life with a renewed sense of confidence and hope for the future.

What You Need to Know About Family Law & Child Custody

What Happens If Parents Can’t Agree on Custody Matters?

When parents decide to divorce, they have the opportunity to reach a child custody agreement outside the courtroom through mediation and collaborative law. The agreement will typically be subject to court review and approval. 

If a separating couple cannot reach a mutual agreement, they will take their case to a family court judge who will make physical and legal child custody decisions for them based on a set of predetermined criteria. The judge has the power to create a schedule that determines when each parent has rights to their minor child. Regardless of how your case resolves, you should get an attorney for child custody.

At Collins Family & Estate Law Group, we work with you to avoid the court scenario. You know your child and your situation far better than any judge ever could, and we believe that reaching a custody agreement with your ex-spouse is preferable to having a judge make the decision for you.

Legal vs. Physical Child Custody in North & South Carolina

Legal custody refers to a parent’s right to make major decisions regarding their child’s health, education, religious upbringing, and general welfare. Legal custody provisions address the process for consultation and decision-making on issues of major significance.

On the other hand, physical custody refers to the day-to-day living arrangement of the child and addresses when the child is with each parent. The physical custody arrangement will usually address time-sharing for holidays and special occasions, as well as regular, weekly time-sharing.

It’s not always the case that one parent has full legal and physical custody over their child. Courts will frequently order the parents to share legal and physical custody, and sometimes give one parent the ability to make a final decision regarding legal custody decisions in the event the parents cannot agree.

In an ideal world, parents would always make these arrangements on their own instead of deferring to a judge, but this isn’t always possible. When there is a deadlock in your custody battle, you need the help of a child custody attorney to fight for your parental rights.

How Does a Court Determine Who Gets Child Custody in North & South Carolina?

Child custody is not guaranteed to either parent. When parents can’t agree on a custody schedule, the judge will make decisions based on the child’s “best interests.” 

More specifically, the judge will decide which parent is more fit to make decisions for the child by finding out:

• Who has a more favorable home environment
• Who takes care of the child more often
• Who has better parenting skills and education
• Who is in better financial shape
• Who leads a healthier lifestyle
• Who has a better relationship with the child
• Whether either parent has a history of illegal or immoral conduct, such as domestic violence or substance abuse

The judge has the right to take the child’s preferences into account, but this depends on the age and maturity of the child and doesn’t hold enough weight to determine the final outcome. Work with a child custody lawyer to reach the most favorable outcome for you and your son or daughter.

What Is Emergency Custody & When Is It Necessary to Apply for It?

An emergency custody hearing is held when the custodial parent jeopardizes the health or safety of the child and/or other criteria in the child custody statutes are met that allow such a hearing. 

Examples of situations in which it may be appropriate to seek emergency custody include: 

• Domestic Violence: A parent may need to seek emergency child custody if there is a history or presence of domestic violence in the household. This can include physical, emotional, or sexual abuse between the parents or directed towards the child. 
• Neglect or Abuse by the Other Parent: If there is evidence of neglect or abuse by the other parent—such as failure to provide basic necessities, exposing the child to dangerous environments, or inflicting harm on the child—seeking emergency child custody is essential. 
• Arrest of the Other Parent: If the other parent has been arrested and their actions pose a potential risk to the child’s well-being, it may be necessary to seek emergency child custody. 
• Serious Illness or Injury of the Other Parent: In the event of a serious illness or injury that renders the other parent unable to care for the child, emergency child custody may be necessary to ensure the child’s immediate needs are met. 
• Unfitness of the Other Parent: If the other parent is deemed unfit to care for the child due to factors such as mental illness, addiction, or criminal behavior, seeking emergency child custody may be crucial. 
• Child’s Safety at Risk in the Current Living Situation: If the child’s safety is compromised in their current living situation due to factors such as dangerous surroundings, exposure to harmful individuals, or severe neglect, emergency child custody may be necessary. 
• Substance Abuse by the Other Parent: If the other parent struggles with substance abuse, and it poses a risk to the child’s safety and well-being, seeking emergency child custody may be warranted. 
• Abduction or Disappearance of the Child: If the child has been abducted or has disappeared, immediate action is necessary to locate and protect the child. Contact law enforcement authorities, file a missing person report, and work closely with a family law attorney experienced in child abduction and emergency custody cases. 
• Financial Instability of the Other Parent: If the other parent’s financial instability places the child at risk of inadequate care, homelessness, or instability, seeking emergency child custody may be necessary. 
• Unforeseen Changes in the Other Parent’s Circumstances: If sudden and unforeseen changes occur in the other parent’s circumstances, such as relocation, incarceration, or a significant decline in mental or physical health, emergency child custody may be required to ensure the child’s immediate safety and well-being. 

In such cases, a judge has the power to grant an immediate, temporary court order to protect the child. If, for instance, your ex-spouse tried to relocate your child without consent, or you discovered that your child was being neglected or abused while in the other parent’s care, you may be able to file for emergency custody. 

Collins Family & Estate Law Group knows how to proceed quickly and effectively in these situations and ensure the safety of your child. We can also protect you from false allegations if your ex-spouse tries to wrongly use an emergency custody order against you.