Durham-Chapel Hill-Raleigh Board Certified Child Custody Lawyer
Serving the Triangle Area
I was primary defense lawyer in Diehl vs. Diehl, the seminal case in the Court of Appeals out of Orange County that defined the term legal custody in North Carolina.
− Attorney Alyscia G. Ellis
Child custody is one of the most litigated issues in divorce. As one of only five practicing attorneys in Durham County to be Board Certified by the North Carolina Board of Legal Specialization as a family law specialist, and having more than 10 years of experience serving clients in Durham-Chapel Hill, Alyscia G. Ellis can guide you through the process used to determine child custody in North Carolina.
There are two types of child custody in North Carolina:
- Legal custody refers to the right and responsibility to make decisions for your child and to access major records, whether educational or medical, for your child. A vast majority of the time, parents in North Carolina will have joint legal custody.
- Physical custody refers to where the child will live and the amount of time each parent with spend with the child in terms of overnights. In some cases, one parent will have primary child custody and the other parent will have visitation, and in others they will have joint physical custody.
Mediation in Child Custody Disputes
If you and your spouse cannot agree on a child custody and visitation arrangement, the court will refer you to mediation. The only times when mediation may not be used is when there are issues of domestic violence and drug abuse, or when one parent lives more than 50 miles away from the jurisdiction.
The North Carolina Administrative Office of the Courts (AOC) will provide you a free mediator through your county court system. As your lawyer, Alyscia G. Ellis can answer any questions you have about the process.
If you and your spouse agree on a mediated solution, it will result in a parenting agreement. As your lawyer, Ms. Ellis will review your mediated parenting agreement and make sure you understand it before you sign it. After the judge signs this agreement, it will become a court order.
If mediation is not successful, your next opportunity to resolve your child custody case may be at a temporary hearing before a judge.
Did You Know?
- Grandparents can seek visitation rights in North Carolina.
- Third parties can seek child custody in North Carolina. This typically happens when the biological parents are unfit or unable to care for their children.
For more information about child custody and visitation: Call Attorney Alyscia G. Ellis at 919-688-9400 or fill out the contact form on this site.
