Charlotte Visitation Lawyers
We help you understand visitation rights in North Carolina
As a parent, when you separate or divorce, one of the most emotional and complex issues you may face is how to divide time with your children. At Epperson Law Group, PLLC, our Charlotte visitation lawyers understand how important it is to protect your relationship with your child. Whether you're seeking fair visitation rights, worried about limited access, or trying to navigate a tense custody arrangement, we're here to provide guidance and support every step of the way.
Visitation rights in North Carolina can take many forms, from scheduled weekend visits to extended time during holidays or school breaks. The court’s main goal is always the same: to act in the best interests of the child. But figuring out what that means for your family can be confusing and overwhelming. That’s where we come in. Our divorce lawyers help parents in Charlotte create practical, compassionate visitation plans that work, and we’re here to answer all your questions so you can move forward with confidence.
What is the difference between custody and visitation in North Carolina?
In North Carolina, child custody and visitation are related, but they aren’t the same thing. Custody refers to a parent’s legal rights and responsibilities for their child. This includes both legal custody (the right to make important decisions about the child’s education, health care, and general welfare) and physical custody (where the child lives day-to-day). A parent may have sole custody (full decision-making power and primary residence) or joint custody, where both parents share these responsibilities.
Visitation, on the other hand, usually applies to the parent who does not have primary physical custody. That parent is often called the “non-custodial” parent and is usually granted a visitation schedule so they can spend time with their child. The court may order a set schedule (like alternating weekends or holidays), or it may allow more flexible arrangements, depending on what’s best for the child. If there are safety concerns, a judge can even order supervised visitation.
According to North Carolina law, courts decide custody and visitation matters based on what serves the child’s best interests, and judges have wide discretion to set terms that fit each family’s circumstances. At Epperson Law Group, PLLC, we help Charlotte parents understand these legal differences and advocate for fair, workable custody and visitation arrangements that prioritize their children’s well-being.
How is visitation determined?
In North Carolina, visitation is determined based on what’s in the best interests of the child. The court looks at several factors to decide how much time a non-custodial parent should have with their child and under what conditions. If the parents can agree on a visitation schedule, the court will usually approve it, as long as it’s fair and keeps the child’s needs front and center. But if they can’t agree, the judge will make the decision. When deciding visitation, the court may consider things like:
- Each parent’s relationship with the child
- The child’s age and needs
- The home environment each parent provides
- Any history of abuse, neglect, or substance use
- How well the parents communicate and cooperate
Judges can order anything from liberal visitation schedules to limited or supervised visitation, depending on the situation. The goal is always to support the child’s emotional and physical well-being while maintaining strong relationships with both parents when possible.
What are common visitation challenges?
Common visitation challenges that many Charlotte families face include:
- Parents may struggle to stick to or agree on a consistent visitation plan.
- Poor communication can lead to confusion, missed visits, or tension between co-parents.
- When one parent moves farther away, it can make regular visitation difficult or require a new or modified agreement.
- One parent might not show up for scheduled visits, or the custodial parent may deny access.
- Drop-offs and pick-ups can become tense, especially if the relationship between parents is strained.
- If a child feels unsafe or uncomfortable with a parent, the court may consider supervised visitation.
- One parent may try to turn the child against the other parent, making visitation emotionally difficult.
At Epperson Law Group, PLLC, our Charlotte visitation lawyers help clients navigate these issues with compassion and smart legal strategies, so children stay at the center of every decision.
Can courts deny or revoke visitation rights?
Yes, courts in North Carolina can deny or revoke visitation rights, but only in serious situations. Judges generally believe that children should have a relationship with both parents, so they try to grant some form of visitation whenever possible. However, if a parent’s behavior puts the child’s health, safety, or emotional well-being at risk, the court may limit or deny visitation. For example, visitation may be restricted or revoked if the parent:
- Has a history of domestic violence or child abuse
- Struggles with substance abuse and refuses treatment
- Exposes the child to unsafe or unstable environments
- Repeatedly violates court orders related to custody or visitation
- Acts in a way that seriously harms the child emotionally or mentally
In such cases, the court might first order supervised visitation before deciding to end visitation altogether. According to North Carolina statute, judges have the power to modify or revoke visitation rights if circumstances change and it’s no longer in the child’s best interest. Our Charlotte visitation lawyers are here to protect your rights and your child’s safety, whether you’re requesting visitation or trying to modify or limit it due to serious concerns.
Frequently asked questions about visitation
Following are our answers to some of our clients’ most commonly asked questions about Charlotte visitation.
How is visitation typically structured in Charlotte?
Visitation schedules in Charlotte often follow a consistent, court-approved routine. A common plan might include alternating weekends and holidays, and a few weeks during the summer. However, there’s no one-size-fits-all answer. Some families work out more flexible or detailed schedules depending on school, work, and travel needs. If the parents can agree on a plan, the court will usually approve it as long as it meets the child’s best interests. If not, a judge will decide the schedule for them.
Can visitation agreements be modified?
Yes, visitation agreements can be modified if there’s been a significant change in circumstances. For example, a job change, relocation, or issues affecting the child’s well-being could justify a revision. You’ll need to file a motion with the court and show that the change is necessary and benefits the child. Our team at Epperson Law Group, PLLC, can help you build a strong case to support or challenge a proposed modification.
Can a parent refuse visitation if the other parent is not paying child support?
No. Visitation and child support are separate legal issues in North Carolina. If a parent isn’t paying support, the other parent cannot legally deny visitation in retaliation. Doing so may violate a court order and could lead to legal consequences. Instead, the parent should file a claim to enforce the child support order. We can help you pursue the proper legal channels while protecting your child’s rights and your own.
What happens if a parent violates a visitation order?
Violating a court-ordered visitation schedule can have serious consequences. A parent who denies access, consistently misses visits, or refuses to follow the agreed schedule can be held in contempt of court. Penalties can include fines, makeup visitation time, or even jail time (in extreme cases). The court’s priority is the child’s stability, and it takes violations seriously. If you're facing these issues, Epperson Law Group is ready to help enforce your rights or defend your position.
Do grandparents have visitation rights in Charlotte?
Under very limited circumstances, grandparents in Charlotte may request visitation rights. For example, this might come up in cases of custody disputes or if a parent is deceased or unfit. The court must determine that granting visitation to a grandparent is in the best interests of the child. It’s not automatic, but with the right legal approach, grandparents can maintain a meaningful role in their grandchild’s life.
How can legal representation help in visitation cases?
Visitation disputes are often emotionally charged and legally complex. Having an experienced family law attorney can make all the difference. At Epperson Law Group, PLLC, we help you:
- Negotiate or defend a fair and workable visitation schedule
- File or respond to modification requests
- Handle violations of court orders
- Protect your child’s safety and best interests
- Advocate for grandparents’ rights when appropriate
We understand how deeply these matters affect your family, and we’re here to guide you with compassion and strength every step of the way.
Do you have a Charlotte visitation lawyer near me?
Our Charlotte office is located at 10851 Sikes Place, Charlotte, NC 28277. We’re right off the NC-16. Our team is available for appointments, telephone calls, and Zoom video consults.
Get an experienced Charlotte visitation attorney on your side
If you’re facing challenges with child visitation in Charlotte, whether you're creating a schedule, dealing with violations, or seeking a modification, you don’t have to handle it alone. At Epperson Law Group, PLLC, our compassionate and experienced Charlotte family law attorneys are here to help you protect your parental rights and prioritize your child’s well-being. To reserve your consultation at one of our offices in Charlotte, Boone, or Weddington, please call our offices or fill out our contact form.