Charlotte Child Custody Lawyers
Fighting for the best interests of your child in North Carolina custody matters
Going through a divorce is a difficult life event. When a child or children are involved, things become even more emotionally charged. Each parent wants as much time as possible and each parent wants a say in all important life (or every day) decisions regarding their child. This can be challenging – and often, it’s tough to come to a compromise.
However, you don’t have to feel overwhelmed. The Charlotte family law attorneys at Epperson Law Group, PLLC have decades of experience in divorce and child custody law. We understand the stress of these types of family law issues, and we can help you work through the process in an informed and strategic way. Contact us today.
What is child custody?
Generally, child custody is the rights and responsibilities parents share regarding their child’s physical and emotional welfare, education, medical care and religion. Physical custody is where the child will physically reside and live. Legal custody is who has the power to make decisions about the child’s life.
With most child custody arrangements, one parent takes physical custody of the child and the other parent receives visitation rights. One parent might take sole legal custody, or parents might have joint legal custody.
When parents have a relatively amicable split, they may be able to agree to a child custody agreement out of court. However, this agreement must still be approved by the court and must be thorough with clearly defined terms. This is why we advise you consult with an experienced Charlotte family law attorney to ensure your parenting agreement protects you and your child in every circumstance.
In cases where child custody is contested, the court makes its own determination based on the best interest and welfare of the child.
What is joint custody in Charlotte?
If you’re going through a divorce in Charlotte and have children, you’ll need to decide how custody works. One common option is joint custody, where both parents share responsibility for raising the child. In North Carolina, custody is split into two parts:
- Legal custody: who makes major decisions (school, health care, etc.)
- Physical custody: where the child lives and how time is shared
With joint custody, parents usually share legal custody, and sometimes physical custody too. But that doesn’t always mean a 50/50 split. The schedule depends on what’s best for the child, and can be customized to fit your family’s needs.
If you and your co-parent can agree on a plan, the court will often approve it. If not, a judge will decide based on factors like your child’s needs, each parent’s availability, and any safety concerns.
At Epperson Law Group, PLLC, we help families across Charlotte create custody agreements that protect their children and their future.
What is legal custody in North Carolina?
Legal custody means the right and responsibility to make important decisions about your child’s life. This includes choices about:
- Education (which school they attend)
- Medical care and health decisions
- Religious upbringing
- General welfare and well-being
In North Carolina, legal custody can be joint or sole.
- Joint legal custody means both parents share these decision-making rights and must work together on major issues.
- Sole legal custody means only one parent has the authority to make these decisions.
Courts prefer arrangements that give both parents an opportunity to spend meaningful time with the children, as long as it’s in the child’s best interest and the parents can cooperate. Our Charlotte child custody lawyers help parents understand their rights and responsibilities so they can make the best choices for their children.
Who has the right to custody of our child?
In North Carolina, both parents have equal rights to custody of their child until a court says otherwise. There’s no automatic preference for mothers or fathers. Instead, the court looks at what’s in the best interest of the child.
If you and your co-parent can agree on a custody plan, the court will usually approve it. But if you can’t agree, a judge will need to evaluate the circumstances to determine the best arrangement for the child.
The court can award joint custody (shared responsibility) or give primary custody to one parent with visitation for the other. At Epperson Law Group, PLLC, we help parents protect their rights and create custody arrangements that work for them and their children.
What are my child custody options in Charlotte?
What matters most is what’s in your child’s best interest. And there’s no one-size-fits-all answer.
In many families, joint custody is the best fit. That means both parents work together to raise their child, sharing responsibilities like school choices, doctor’s visits, and daily routines. Sometimes this looks like a 50/50 split in time; sometimes it’s more flexible, depending on what works best for everyone involved—especially your child.
But joint custody isn’t right for everyone. In situations where one parent isn’t able to provide a stable or safe environment, sole custody may be appropriate. That parent would handle all major decisions and be the primary caregiver, while the other may have supervised or scheduled visitation.
Then there are cases where one parent becomes the primary custodian, meaning the child lives with them most of the time, while the other parent has regular parenting time. It’s not necessarily about “winning” custody. It’s about finding a structure that gives your child the love, security, and consistency they need.
The good news is, you and your co-parent can work together to create a parenting plan that fits your family’s needs. Courts are usually happy to approve a reasonable plan that both parties agree to, especially if it minimizes conflict and puts your child first.
At Epperson Law Group, we’ve helped many parents in Charlotte build thoughtful, customized custody arrangements. We can help you think through holidays, school schedules, communication rules, travel, and anything else that matters to your family. And if you can’t agree with your ex? We’re ready to step in, advocate for your rights, and make sure your child’s well-being stays front and center.
How do I get custody of my child in Charlotte?
We understand that you want to be there for your child. You want to protect them, guide them, and give them stability. Fortunately, you do have rights, and there is a process to help you assert them.
In North Carolina, custody decisions are always based on the best interest of the child. That means the court won’t automatically favor the mother or the father. Instead, a judge will look at things like:
- Each parent’s ability to provide a safe, loving home
- Your involvement in your child’s daily life
- Your work schedule and availability
- Your child’s age, needs, and routine
- Any history of abuse, neglect, or substance use
If both parents are fit and willing to co-parent, the court often prefers arrangements where both parents share time and decision-making responsibilities. If one parent is clearly more stable or present in the child’s life, and the other appears to lack the ability to effectively care for the child, the more stable parent might be given primary custody, with the other parent receiving visitation.
To begin the custody process, you’ll need to file a custody complaint with the Mecklenburg County family court. If you’re getting divorced, custody may be part of that larger case. If you're not married to the other parent, you can still ask the court for custody rights.
Before your case goes to court, you and your co-parent will be required to attend custody mediation (with limited exceptions), which is a meeting with a neutral third party to try to reach an agreement. Many families are able to work things out during this step.
But if you can’t agree, your case will go before a judge. At that point, you'll need to present evidence and testimony to show why your custody request is in your child’s best interest. That’s where an experienced Charlotte custody attorney, like our team at Epperson Law Group, PLLC, can make all the difference.
Do my Charlotte child custody issues have to be resolved in court?
Not always, and honestly, that’s a relief for many of the families we help. When parents in Charlotte are dealing with child custody, going to court isn’t always the first or only option. In fact, many families can work out custody arrangements outside the courtroom, in ways that feel more private, cooperative, and flexible.
Before any judge gets involved, North Carolina usually requires parents to try custody mediation, a meeting where both sides sit down with a trained, neutral professional to try to reach an agreement. This happens through the court system, but it’s not in a courtroom and doesn’t involve a judge making decisions for you.
We’ve seen a lot of success with mediation. It gives parents the chance to create a parenting plan that actually works for their schedules and their child’s needs without a long, stressful court battle. If you can agree in mediation, that plan can be submitted to the court and made legally binding. You skip the hearing, save time, and reduce conflict.
Sometimes, though, court is the only option. If one parent refuses to cooperate, or if there are concerns about abuse, neglect, or safety, a judge will need to step in. In those cases, we help you gather evidence, present your case clearly, and fight for your child’s best interests in front of the judge.
Whether your custody case is handled through peaceful negotiation or has to go to court, Epperson Law Group, PLLC, is here to protect you and your child. We can help you understand your options, keep things as smooth as possible, and be ready to stand up for you if things get tough.
What factors determine child custody?
When a North Carolina judge decides who gets custody of a child, the main question is: “What’s in the best interest of the child?” This standard gives the court flexibility to look at many parts of your child’s life and your parenting.
Here are a few things the judge will likely consider:
- Each parent’s ability to care for the child
- Living conditions and stability at home
- Who handles daily routines like school, meals, and bedtime
- The child’s emotional and physical needs
- Any history of abuse, neglect, or domestic violence
- How well the parents cooperate
- The child’s preferences (if mature enough)
The court might award joint custody if both parents are involved and stable, or sole custody if one parent is unfit or absent. At Epperson Law Group, PLLC, we help parents across Charlotte build strong cases that focus on what matters most: their kids. We’re here to guide you through every step, whether it’s through mediation or in court.
Can I modify my Charlotte child custody agreement?
Yes, you can, but only if something important has changed. In North Carolina, child custody agreements can be modified if there’s been a substantial change in circumstances that affects your child’s well-being. Here are some examples of what might qualify:
- One parent moves far away
- A major change in work schedule or living situation
- The child’s needs have changed (like a medical issue or school concern)
- One parent isn’t following the original agreement
- There’s a concern about the child’s safety or well-being
You can ask the court to review the agreement, and if the judge agrees that the change is serious and affects your child, they can adjust the custody order. Our Charlotte child custody lawyers regularly help area families modify custody plans to fit new situations. Whether you're seeking more time with your child or need to protect them from harm, we can guide you through the process with skill and compassion.
How can a child custody lawyer help me?
Dealing with child custody can be emotional and stressful, especially when you’re trying to protect your relationship with your child. A Charlotte child custody lawyer can make a big difference by helping you understand your rights, build your case, and focus on what’s best for your child. Here’s how we help at Epperson Law Group, PLLC:
- We explain your legal options so you’re not guessing what to do next.
- We help you gather evidence to show that your home is stable, safe, and loving.
- We negotiate parenting plans that work for both your schedule and your child’s needs.
- We represent you in court if things get tense or complex.
- We help with modifications if life changes and your current plan no longer fits.
- We protect your rights if the other parent is uncooperative or unsafe.
Whether you're trying to reach a peaceful agreement or going through a tough custody battle, we're here to stand by your side. Our goal is to help you secure a plan that gives your child the love, support, and stability they deserve.
Do you have a Charlotte child custody 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.
Our attorneys fight for the best possible outcome for our clients. We’ve secured results in trial and in appellate court that are still cited as precedents. In one, the decision stood for the proposition that a parent can change his/her life for the betterment of the child, which can change custody: Shell v. Shell. In another (Davis v. Davis), we won at the court of appeals, where the trial court tried to change the order when it found there not to be a change of circumstances.
At Epperson Law Group, PLLC, we don’t think you should take “no” for an answer when the best interests of you and your children are on the line. In both of these cases, as in so many others, if our clients had simply accepted the deals they were offered, they and their children would have been worse off for it. We want to help you, too.
Skilled child custody lawyers representing Charlotte families
At Epperson Law Group, PLLC, we understand the challenges and heartaches that come with child custody disputes. Let us put our decades of experience to work, helping protect your child’s rights and best interests. We advocate for you and your children. Our attorneys are just minutes off the NC-16. To reserve a consultation at one of our offices in Charlotte, Boone, or Weddington, please call our offices or fill out our contact form.
Charlotte Office
10851 Sikes Place
Charlotte, NC 28277
704-859-2264
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