Gastonia Non-Parent Child Custody Lawyer

Non-Parent Child Custody Attorney In Gastonia, NC

In situations where the legal parents are unfit to parent or do not want custody of a child, a skilled Gastonia child custody lawyer for non-parents can help a third party gain custody of a child. There are many potential situations where a third party could request child custody. If you are considering a non-parent child custody arrangement, our firm can help.

Third party custody includes grandparents, family members, aunts, uncles, brothers, and sisters; it can eventually include adoption. Oftentimes, the courts work off the assumption that a child has a strong attachment to the biological parent, so it’s crucial to have a child custody lawyer guide you during any non-parent custody situation.

Can a Judge Award a Non-Parent Child Custody in North Carolina?

North Carolina’s General Statute defines how any third party can seek custody over a child. Under the law, anyone claiming the right to custody of a minor child may do so if they are a:

• Parent
• Relative
• Agency
• Organization
• Any other person

Decisions about who would be most suited to be the legal guardian of a child are based on the best interests of the child. North Carolina’s courts work under the presumption that a child has the strongest connection to the biological parents. This can create a high burden for anyone seeking to gain custody over a child if they are not the biological parent.

When determining what living situation and custody arrangement is in the interest of a child, the courts may consider:

• The living conditions provided by the parent
• The parent’s capability to care for the child
• The parent’s relationship with the child

There are three general situations where such a request may be granted. If both biological parents or the sole living parent express no interest in raising their child, the courts may reason that a relative or interested party who shows sincere interest in raising the child may be the right person to be granted custody. In situations where both parents or the surviving parent are incarcerated, the courts may look for alternative living environments for a child.

The courts have an interest in protecting children from abuse and neglect. If both biological parents are deemed to be unfit, the courts may consider an alternative living environment for the child.

In most cases, custody is determined by a voluntary agreement between parents. If not, the judge will likely award custody to a third party based on what promotes the child’s interest and welfare.

What Makes a Parent Unfit?

When the legal parent of a child is deemed unfit, the courts may award temporary custody of the minor child to a third party. A parent can be found to be unfit if their past actions make them a danger to the child. Those decisions are made on a case-by-case basis depending on whether the child:

• Was exposed to physical or emotional injury
• Witnessed acts of domestic violence
• Was placed in danger by one or both parents
• Was abused by either parent
• Was neglected or abandoned by either parent

Even when one parent commits an act of abuse or child endangerment, the other parent may be partly responsible if they allowed those actions or did not report the misconduct.

FAQs

Who Wins the Most Custody Battles in Gastonia, NC?

The person or couple who wins the most custody battles are the people whose rights are protected under state and federal law. Primarily, this would be the biological parents. In cases where both parents are unfit or are unable to parent, the courts may award child custody to a third party. Another important factor in any family law case is legal representation. An experienced child custody attorney works to protect the rights of their clients and to advance their goals.

How Much Does It Cost to File for Custody in North Carolina?

Court fees are set by the state and individual counties. These fees are continually changing, so a child custody attorney can provide an estimate as to what the current rates are. Generally speaking, court fees are not cost-prohibitive. There may be additional fees for filing motions and other court costs as the child custody determination process moves forward.

What Do Judges Look for in Child Custody Cases in North Carolina?

Judges look at what serves the greatest interests of the child in question. A judge will often make efforts to protect the relationship between a child and their biological parents. When neither parent is able, fit, or willing to provide a safe home for the child, the courts will consider reasonable alternatives, which may include a relative, organization, or another person or group eligible under state law. In some situations, custody orders may include visitation rights for grandparents.

Do Fathers Have Parental Rights if They Are Left Off the Birth Certificate?

Parental rights are often bestowed on mothers after the child’s birth and on fathers if their names are on the birth certificate. If the biological father was left off the birth certificate, they may need to go through the courts to have their custody rights enforced. This may require that a paternity test be given to conclusively determine who the father is.

Do I Need a Lawyer for Child Custody in North Carolina?

You do not have to have a lawyer, but having legal counsel is highly advisable. Even if the facts are on your side, an attorney understands how to make arguments before a judge that takes into account the applicable laws. A judge is tasked with ensuring that laws are enforced. Without an attorney, your arguments may fail to meet the legal standard needed to successfully obtain custody of a non-biological child.

Schedule a Consultation to Discuss Child Custody Today

Although child custody is not often awarded to non-biological parents, there are situations where it can happen. When a child is abandoned or in danger due to proven acts of child abuse in the past, a judge will award custody to a third party.

Working with the attorneys of Kenny & Lowry, P.L.L.C., can improve your chances of success. We have helped many parents and third parties successfully navigate the state’s family custody laws with favorable outcomes. To schedule your consultation, reach out to our office today.