Family Law

Family Law

Even in the most amicable situation, any legal matter pertaining to family law tends to be an emotionally draining experience.  Swaim Law understands that this is an extremely difficult time for you and your family and is committed to making the situation as painless as possible.

By combining basic human virtues such as compassion, kindness and mutual respect, along with experience, Swaim Law wants to help you close this chapter of your life and begin the next.

Initial consultations up to an hour for only $150!

Child Custody

What’s more important than your child? As a parent, it’s your obligation to ensure that your children develop in a loving and secure environment.  In the unfortunate event of a separation or divorce, your children will be forced to endure extreme changes to their routine.  That’s where Swaim Law comes in.  We aggressively and thoroughly research the facts pertaining to your case, and we strategically fight for both the rights of you and your child(ren).

Custody FAQ

1. What if we cannot agree on a custody arrangement?

If the parties cannot agree on a custody arrangement then you will have to petition the court to decide for you. The court will determine who gets custody based on the best interest of the child.

2. How is custody decided?

Custody is either decided by the parties in the form of an agreement or it is decided in front of a judge. In its initial determination, the judge will use the best interest of the child standard in determining custody. In subsequent actions to modify a permanent order, then the moving party must prove that there has been a substantial change of circumstances affecting the welfare of the child from the time the last order was entered.

3. What factors do judges consider when determining custody of a Minor Child?

North Carolina follows the Best Interest of the Child Standard, so there are several factors that go into consideration when a judge determines custody of children and visitation for non-custodial parents. Some of the factors are as follows:

• The child’s developmental needs;
• The health and well-being of the parents;
• The child’s wishes, depending on their age;
• The parent’s homes and surrounding environments;
• The parent’s relationship with the child;
• Any drug or alcohol abuse by a parent; and
• Any domestic violence acts committed by a parent.

4. What Is Legal Custody?

The phrase legal custody refers to a parent’s right to make decisions affecting the child’s upbringing. In other words, a parent who is awarded legal custody has the right to make decisions involving:

• The child’s education
• What types of medical treatment and health care the child should receive
• The religious upbringing of the child

North Carolina courts can award a parent sole legal custody or joint legal custody. Sole legal custody means one parent has the right to make these decisions. Joint custody means both parents get to have inputs and must reach agreements on these decisions.

5. What Is Physical Custody?

Physical custody is the term describing which parent has the child in his or her care. Essentially, physical custody is about where the child lives and with which parent. As with legal custody, courts can award physical custody to both parents (joint custody) or one parent (primary/sole custody).

6. What are Visitation Rights?

When a parent does not have primary physical custody, the time he or she gets to spend with the child is called visitation. Visitation arrangements are set by the judge and are designed to serve the best interests of the child. Schedules vary greatly according to the needs of the particular family. The amount of visitation awarded depends on a number of factors. Unless there is a history of violence or substance abuse, the court will usually encourage visitation because children thrive when they have relationships with both parents.

7. What is an ex parte order?

An ex parte order is an order that is granted without giving the other side notice of the hearing. An ex parte order is only granted in circumstances that there is a substantial risk of bodily injury or sexual abuse, or a substantial risk that the child may be removed from the state to avoid jurisdiction.

An ex parte order is only granted for a short period of time. At the conclusion of that time, all parties come into court and the judge hears from all parties and decides whether to continue the ex parte order based on all the evidence.