Charlotte Child Custody Attorney
Call (704) 870-0340 for a Comprehensive, Confidential Case Analysis
Whatever your goals are in your custody case, you can find competent and caring legal help from a family attorney at the Law Office of Kelli Y. Allen, PLLC. Our firm is a small law office that offers the personalized legal service you might expect from a friendly local establishment. Attorney Kelli Allen can personally meet with you in an initial consultation to hear your case, and then she can discuss your legal options and how we can proceed in order to achieve the resolution you seek.
Why Choose Our Child Custody Law Firm?
- Responsive Attention & Customized Solutions
- Lead Attorney Is a Certified Family Financial Mediator
- Payment Plans & Financing Available
At KYA Law, we offer caring support and comprehensive, individualized solutions. Call (704) 870-0340 today to find out how we may be able to help you.
Your Rights to Custody Under State Law
In North Carolina, parents have a constitutional right to custody of their children, but may be limited or denied if one or both parents is deemed unfit. An award of child custody or visitation is not meant to punish or reward either parent. Instead, the judge must decide what custody and visitation arrangements will be most beneficial for the child’s mental, physical, emotional, and spiritual needs.
Physical custody is the place in which the child will reside. Legal custody refers to authority to make important decisions regarding the child’s welfare. While many people believe that the default position is that the mother will have primary custody, or that there is a presumption that joint custody is best, that is not the case in North Carolina. The primary consideration in child custody and visitation cases is the best interest and welfare of the child. There is no automatic presumption as to who will best serve those interests.
Whether you have questions or you're ready to get started, our legal team is ready to help. Complete our form below or call us at (704) 870-0340.
Visitation Rights
It is natural in high-conflict cases for one or both parents to initially take the position that the other party should have little or no visitation with the non-custodial parent. While emotionally understandable, this position is rarely realistic. It is extremely unlikely that any judge will deny or severely restrict visitation. Unless visitation with the other parent would be detrimental to the child or jeopardize his/her welfare, you can expect the judge to grant fairly liberal visitation. Unless there are extenuating factors, KYA Law encourages its clients to take the most legally reasonable position rather than advocating for extreme arrangements.
Custody or Visitation Modifications
A court order for custody or visitation may only be modified if there has been a substantial change in circumstances and a change in custody or visitation is in the best interest of the child. The party requesting the change has the burden of proving that the changed circumstances have affected the welfare of the child, and that a modification of custody and/or visitation is necessary to promote the well-being of the child.
To learn more, contact the Law Office of Kelli Y. Allen, PLLC at (704) 870-0340 to schedule a comprehensive, confidential case analysis.
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