Child Custody

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How Do I Get Custody of My Child(ren)?: Hendersonville, NC

1. Jurisdiction

How do I get sole custody of my child(ren) in Hendersonville, NC? Before you can address who should get custody of children, the court must have jurisdiction over the parties before a custody order can be given in Hendersonville or Asheville, NC, areas. North Carolina follows the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).  Jurisdiction to hear a custody matter in North Carolina generally requires that North Carolina be the “home state” of the child or children. At the most basic level, this requires that the child live in this State for 6 months before filing an action for custody here. There are other issues to consider if there is already an order in place that was given by another State. In those cases, the specific circumstances will determine whether North Carolina can modify another State’s order. Mr. Jones, as a child custody lawyer in Hendersonville, NC, aggressively represents clients facing these custody issues.

2. Can I Get Child Custody?: Hendersonville, NC

You may have asked, “Can grandparents get custody of their grandchildren in NC?”. The answer is yes in certain situations. But, the natural parents of the child are presumed to be the best persons to take care of their child or children. This presumption is given in the Fifth Amendment to the United States Constitution. However, others may be able to show that the parents should not have the children because of parental misconduct. A parent, relative, or other person, agency, organization, or institution claiming the right to custody of the minor child may petition the court for custody. Essentially, case law determines this to mean that any person with a parent-child relationship, or a grandparent alleging parental misconduct, has standing to bring a custody action. Mr. Jones, as a child custody lawyer in Hendersonville, NC, aggressively represents clients facing these custody issues.

3. How the Court Determines the Child Custody Order?: Hendersonville, NC

You might wonder, “Can I get sole custody of my child(ren) in NC?”. Well, the biggest key in determining the custody order (parenting schedule) is “the best interests of the child.” The court will examine all evidence available to determine if it will be in the child’s best interest to give petitioners joint custody, sole custody, or even whether to grant visitation rights to grandparents. Unless the parties can come to an agreement on this parenting schedule at mediation (which is highly recommended), a hearing will be held in front of the judge where the judge will determine the order. The court may consider the wishes of the children, living arrangements of each person seeking custody, as well as a long list of other facts that will impact the child’s well-being. However, in all cases, it is best if the parties seeking custody can work well together in order to create an environment that will be best for themselves and the child; but sometimes, this can seem impossible. Mr. Jones, as a child custody lawyer in Hendersonville, NC, aggressively represents clients facing these custody issues.

4. Can I Modify My Child Custody Order?: Hendersonville, NC

How do I modify my child custody order in NC? Well, after deciding if there is proper jurisdiction as provided in the UCCJEA, a party may seek to modify a child custody order if there has been a substantial change in circumstances that impacts the best interests of the child. Once again, a multitude of factors could impact the well-being of the child in order to modify child custody. Drug abuse, loss of income, exposing the child to inappropriate behavior or material, failing to make sure the child attends school regularly or take the child for medical visits represents conduct that the court will consider in modifying an order. So it is best for each person with custody, or without custody, to put the child’s needs above their own at all times if they want to be involved in their child’s life. Mr. Jones, as a child custody lawyer in Hendersonville, NC, aggressively represents clients facing these custody issues.

 

Disclaimer: The information contained on this page is merely for educational purposes only. No legal advice is being given to the viewer of these webpages. No attorney client relationship is created between you, the reader, and the attorney named in this website. An attorney client relationship is only created between you and the attorney after you have met with the attorney in-person and the attorney has agreed to represent you. As in any case, the facts and circumstances of each client may change the outcome of the case. And always, the law in North Carolina is continuously changing and being updated. Schedule an appointment to talk with an attorney before you take any legal action.

Mr. Jones is a child custody lawyer in Hendersonville, Asheville, N.C.

“How to get child custody in Hendersonville, Asheville, NC?”

“How to get sole custody of  my child or children in Hendersonville, Asheville, NC?”

“How do I modify my custody order in Hendersonville, Asheville, NC?”


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