Child custody is one of the most challenging and emotional legal processes a parent may face. From assessing what type would work best for your circumstances to the disputes that the child’s other parent may have, child custody in North Carolina is a demanding process and can be hard to navigate. However, you do not have to do it alone.
At Caulder & Valentine, our Shelby child custody lawyers can answer all your questions and help you fight for your desired custody arrangement. We take the time to listen, explain your options, and develop clear plans tailored to your goals.
If you’re ready to talk with someone who understands both North Carolina law and the family court system, our team is here to support you. Contact us now to schedule a consultation and discover how we can assist you with your custody case.
How Caulder & Valentine Can Help with Your Shelby Child Custody Case
At Caulder & Valentine, our child custody lawyers in Shelby help clients understand the process of filing for custody in North Carolina and make informed decisions for their families. We also provide straightforward answers to more specific matters, such as whether sole custody can be obtained in North Carolina and how the courts handle issues relating to the establishment of paternity. Our team can also assist with child support matters, whether you’re seeking support or need help responding to a claim. We give honest advice about what the court may consider and help you prepare every aspect of your case.
Our law practice intentionally maintains a limited caseload, allowing us to focus fully on each client. That means your case will get the attention it deserves from day one, and you’ll always know what’s happening and why. Our attorneys take a direct, solution-focused approach to every case we handle and remain available to answer your questions as they arise. You can contact us whenever you’re ready to set up a consultation, where we can talk through your goals for your family.
What Are the Different Types of Child Custody in North Carolina?
In North Carolina, there are two main types of child custody: legal and physical custody.
Legal custody refers to who makes major decisions for the child, such as health care, education, or religion. Parents may share legal custody, or one parent may have primary legal custody.
Physical custody in North Carolina refers to the child’s primary residence. A parent with primary physical custody lives with the child full-time, and the other parent may have visitation. When parents share physical custody, they divide their time with the child in a way that works best for the family. However, joint custody in North Carolina physical custody arrangements doesn’t always mean an exact 50/50 split. One parent might have more time with the child while the other has regular visits.
North Carolina courts permit a variety of parenting schedules. The final order depends on what is in the best interests of the child. Parents can agree to a plan, or a judge can decide for them if they don’t reach an agreement in mediation or court.
What Must Judges Consider in North Carolina Child Custody Cases?
Judges in North Carolina decide custody based on what serves the child’s best interests. Relevant North Carolina custody factors include each parent’s living situation, schedule, parenting history, and relationship with the child. Judges also consider whether each parent can provide a safe and stable home, the child’s bond with each parent, and the quality of communication between the parents.
In some cases, a judge may speak with the child privately to hear the child’s preferences, but the judge does not have to follow those wishes. The court will also consider any history of abuse, neglect, or substance use. If the parents can’t agree on a custody arrangement, the judge will decide after hearing evidence from both sides. The court’s ultimate goal is to protect the child’s well-being.
Can I Have My Child Custody Agreement Modified?
Yes, North Carolina law allows parents to request changes to existing custody orders, but only if a significant change has occurred since the original order that will affect the child’s well-being. This could include a move, a new work schedule, or a change in the child’s needs or safety. You can ask for a change even if the order was part of an agreement that you both signed earlier.
If the current order is temporary, you can ask the court to review it without showing a major change. For permanent orders, you must file a motion to modify. The court will then decide whether to schedule a new hearing. If the other parent agrees to the change, you can both submit a new agreement for the judge to sign. If not, the judge will listen to both sides and decide based on what is best for the child.
How Can a Parent Lose Custody in North Carolina?
A parent might lose custody in North Carolina if a judge finds that the parent cannot meet the child’s needs or might put the child at risk. Courts may remove custody if a parent abuses or neglects a child, struggles with substance use, or fails to provide a stable home. The court may also limit or revoke custody if a parent refuses to comply with the current custody order. Repeated violations, such as blocking visits or failing to return the child on time, can harm a parent’s case.
In some situations, a parent who hasn’t been involved in the child’s life could also lose custody if another person has taken on the parenting role. Judges make these decisions carefully and only modify arrangements when they believe it is in the best interest of the child. Even if a parent loses custody, the court may allow limited or supervised visits unless contact would harm the child.
How Can I Improve My Chances of Securing My Desired Custody or Visitation Rights?
The best way to improve your chances of an ideal custody or visitation arrangement is to work closely with an experienced Shelby child custody attorney. They can help you gather the right information and avoid mistakes that could hurt your case.
You can also help your case by showing that you consistently support your child’s needs — physical, emotional, and educational. Be on time for visits, follow court orders, and communicate clearly with the other parent. Keep detailed records of your time with your child, school involvement, and co-parenting efforts. If your child has special needs, make sure you understand them and take an active role.
Judges will assess your behavior, stability, and relationship with the child. When you prepare thoroughly and work with a legal team that knows what courts expect, you give yourself the best chance of reaching a favorable outcome.
How Long Could a Child Custody Case Take in North Carolina?
Every custody case moves at its own pace. Some wrap up within a few months, while others can take a year or longer. If both parents agree quickly, the process moves more quickly. However, if the case goes to trial, you might need to wait for court dates, mediation, and evidence-gathering.
After someone files a custody claim, the court often schedules mediation first. Mediation can take several weeks. If it works, the case could end soon after. If not, you’ll need a hearing. Scheduling and preparing for a trial often takes even more time, and additional delays can occur if either parent requests more time or the court has a heavy caseload. A child custody lawyer in Shelby can help you stay on track and avoid mistakes that cause delays.
Do I Need a Lawyer Even If My Co-Parent and I Agree on How to Share Custody?
Yes. Even if you agree on a custody plan, a North Carolina child custody lawyer can help you protect that agreement by putting it in the correct legal format. If you don’t submit your plan to the court correctly or word it properly, the court might reject it or find it unenforceable later.
An attorney can review your agreement to ensure it covers all the important details and complies with North Carolina child custody laws. This can reduce confusion and conflict later on. If the agreement becomes a court order, your lawyer can also help you enforce it if problems arise.
Even if things seem peaceful now, plans can fall apart if one parent changes their mind later. A lawyer will help you avoid unclear terms and ensure your agreement accounts for any new North Carolina custody laws, thereby protecting both you and your child over time.
How Far Can a Parent Move with Joint Custody?
North Carolina law doesn’t automatically set a specific distance that a parent with a joint custody arrangement can move. However, because a long-distance move can affect the other parent’s time with the child, it could trigger a custody dispute. If a move affects your parenting schedule or your child’s daily life in a significant way, the other parent might ask the court to review or change the order.
If both parents agree on the move and update the parenting plan, they can submit it to the court for approval. If not, the parent who wants to move will need to show why the move would benefit the child. Judges consider how a proposed move would impact the child’s education, support system, and relationship with each parent. If you’re considering moving or your co-parent plans to do so, consult with a child custody attorney in Shelby before making any decisions.
Contact a Shelby Child Custody Attorney Today
If you’re dealing with a custody issue in Shelby and want clear answers, Caulder & Valentine can help. We’ll explain what to expect, discuss your options, and help you take the right steps for your family. Contact us today to set up a consultation with a Shelby child custody lawyer and get direct guidance from a team that puts your goals first.