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Weddington Child Custody Lawyer

North Carolina Family Law Attorneys

Child custody disputes often bring overwhelming stress, heartache, and uncertainty. At Collins Family & Elder Law Group, our mission is to provide unwavering support to families navigating these emotionally challenging cases. Our child custody attorneys in Weddington, North Carolina are dedicated to guiding you and your child towards peace of mind.

Throughout your child custody dispute, we strive to empower you to protect your child's best interests and make informed decisions. By explaining the law, offering advice on your options, and advocating fiercely on your behalf, our Wedding child custody lawyers aim to equip your family with the confidence and hope needed to move forward in life.

Contact us today at (704) 289-3250 to set up a confidential consultation with a child custody lawyer near you.

Legal vs Physical Custody in NC

Legal custody encompasses a parent's authority to make significant decisions concerning their child's welfare, including matters related to health, education, religion, and overall well-being. This aspect of custody outlines the process for consultation and decision-making on important issues.

On the contrary, physical custody refers to the day-to-day living arrangement of the child and determines the time each parent spends with the child. It also typically addresses holiday and special occasion visitation, as well as regular weekly schedules.

Courts often order shared legal and physical custody between parents, allowing both to have a say in major decisions and dividing time with the child. Sometimes, one parent may be granted final decision-making authority if an agreement cannot be reached.

While it's preferable for parents to come to these arrangements independently, disagreements can arise, necessitating legal intervention. In such cases, a skilled Weddington child custody attorney can advocate for your parental rights and navigate the complexities of custody battles on your behalf.

What Happens if Parents Can't Agree on Custody Matters?

If parents are unable to agree on custody matters, they typically have the option to resolve their differences through mediation or collaborative law outside of court. In these processes, they work together to reach a child custody agreement that is then reviewed and approved by the court. However, if an agreement cannot be reached, the case will proceed to family court where a judge will make decisions regarding physical and legal custody based on specific criteria. 

While court involvement may be necessary in some cases, at Collins Family & Elder Law Group, our Weddington child custody attorneys prioritize helping our clients avoid this scenario. We believe that reaching a custody agreement with your ex-spouse, with our guidance, is often preferable as it allows you to have more control over the outcome and better address the unique needs of your child.

How Does a Court Determine Child Custody in North Carolina?

Child custody is not automatically granted to either parent. When parents cannot reach an agreement on custody arrangements, the judge makes decisions based on the child's best interests.

Specifically, the judge evaluates various factors to determine which parent is better suited to make decisions for the child, considering aspects such as:

  • The quality of the home environment
  • The primary caregiver's involvement in the child's life
  • Each parent's parenting skills and education
  • Financial stability
  • Lifestyle choices promoting the child's well-being
  • The parent-child relationship
  • Any history of illegal or immoral conduct, like domestic violence or substance abuse

While the child's preferences may be considered, their age and maturity influence the weight of their input. Collaborating with a child custody lawyer can help you pursue the most favorable outcome for you and your child.

What Is Emergency Custody & When Is It Necessary?

Emergency custody hearings occur when the custodial parent endangers the child's health or safety or meets specific criteria outlined in child custody statutes.

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

Child custody is not automatically granted to either parent. When parents cannot reach an agreement on custody arrangements, the judge makes decisions based on the child's best interests.

Specifically, the judge evaluates various factors to determine which parent is better suited to make decisions for the child, considering aspects such as:

  • The quality of the home environment
  • The primary caregiver's involvement in the child's life
  • Each parent's parenting skills and education
  • Financial stability
  • Lifestyle choices promoting the child's well-being
  • The parent-child relationship
  • Any history of illegal or immoral conduct, like domestic violence or substance abuse

While the child's preferences may be considered, their age and maturity influence the weight of their input. Collaborating with a child custody lawyer can help you pursue the most favorable outcome for you and your child.

What Is Emergency Custody & When Is It Necessary?

Emergency custody hearings occur when the custodial parent endangers the child's health or safety or meets specific criteria outlined in child custody statutes.

Examples of situations warranting emergency custody include:

  • Domestic violence: In cases of domestic violence involving the parent or directed towards the child, emergency custody may be necessary to ensure the child's safety.
  • Neglect or abuse: Evidence of neglect or abuse, such as failure to provide necessities or exposing the child to harm, may prompt the need for emergency custody.
  • Parental arrest: If a parent's arrest poses risks to the child's well-being, emergency custody may be essential.
  • Serious illness or injury: Emergency custody may be necessary when a parent's illness or injury prevents them from caring for the child.
  • Parental unfitness: Factors like mental illness, addiction, or criminal behavior may lead to a parent being deemed unfit for custody, necessitating emergency action.
  • Child's safety concerns: If the child faces safety risks in their current environment, emergency custody may be pursued to protect them.
  • Substance abuse: When a parent's substance abuse jeopardizes the child's safety, emergency custody may be warranted.
  • Abduction or disappearance: Immediate action is required to locate and safeguard an abducted or missing child.
  • Financial instability: If a parent's financial instability compromises the child's care, emergency custody may be sought.
  • Unforeseen changes: Sudden changes in a parent's circumstances, like relocation or incarceration, may prompt emergency custody to ensure the child's well-being.

In such cases, a judge can issue an immediate, temporary court order to safeguard the child. For instance, if one parent attempts to relocate the child without consent or if neglect or abuse is discovered, emergency custody may be pursued.

Collins Family & Elder Law Group is experienced in handling these urgent matters swiftly and effectively, ensuring the child's safety and protecting against false allegations

Why Choose Our Family Law Attorneys

At Collins Family & Elder Law Group, we recognize that every family is unique, and there is no one-size-fits-all approach to child custody cases. That's why we take the time to understand your individual circumstances and goals before developing a personalized legal strategy designed to protect your parental rights and promote the best interests of your child.

Our priority is to protect your parental rights and ensure that your child's best interests are upheld throughout the North Carolina custody process. We understand the importance of preserving your relationship with your child and will advocate tirelessly on your behalf to achieve a favorable outcome.

Our NC Child Custody Services

Our experienced child custody attorneys in Weddington handle a wide range of custody matters, including:

  • Legal Custody: Determining who will make important decisions about your child's upbringing, such as education, healthcare, and religious upbringing.
  • Physical Custody: Establishing where your child will live and the visitation schedule for the non-custodial parent.
  • Modifications: Seeking modifications to existing custody orders when circumstances change, such as a parent relocating or a change in the child's needs.
  • Enforcement: Enforcing custody orders when the other parent fails to comply with the terms of the agreement.

Contact Our Weddington Child Custody Lawyers

Are you facing child custody issues in Weddington, North Carolina? The Collins Family & Elder Law Group is here to provide compassionate and experienced legal representation to help you navigate this challenging time. Our dedicated team understands the sensitive nature of child custody matters and is committed to helping you achieve the best possible outcome for your family.


Child custody disputes can be emotionally charged and legally complex. Whether you are going through a divorce or dealing with custody issues as an unmarried parent, our Weddington child custody lawyers are here to guide you through the process with empathy and understanding.

Contact Collins Family & Elder Law Group today at (704) 289-3250 or reach us online to set up a consultation with a child custody attorney near you.

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