Charlotte Family Law Specialists
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Child Custody Attorneys Serving Charlotte & The Surrounding Areas

Charlotte Child Custody Attorneys

Helping You Resolve Your Child Custody Dispute

Nothing is more important to parents than their children. If you are getting a divorce in North Carolina, it is critical to consult with a practiced attorneys who can advise you of your rights and responsibilities as a parent.

At Krusch Law, PLLC , we offer expert and dedicated legal representation to people throughout North Carolina. Our Charlotte child custody lawyers have over four decades of experience in cases involving custody battles and visitation disputes.

Our attorneys provide representation in child custody law cases involving:

How Your Actions Now Can Affect Later Custody Proceedings

In the state of North Carolina, a couple must be legally separated for one year prior to the filing of a divorce complaint. During the period of separation, both parents must act in the best interests of their child or children.

All too often, spouses have disagreements about determining custody, visitation and other matters that can affect the welfare of their children. Moreover, many people do not understand how much their actions can affect their parental rights if the matter ends up being decided in a family court.

Judges do not look favorably on a parent who unreasonably withholds access to the children from the other parent. To ensure that you do not fall prey to this, it is vital that you speak with an attorney at Krusch Law, PLLC , and let us advise you on the correct course of action during your period of separation.

One way for the parties to resolve custody issues is through an agreement - either as part of the Separation Agreement or by Consent Order. If the parties can reach an agreement, they are permitted to structure the custody/visitation schedule in whatever way will work best for them and for the children. While this frequently takes the form of primary custody with one parent and the other having visitation one day a week and every other weekend, that is by no means the only available option. In fact, the parties can alternate months, weeks or even days if they choose (although it’s debatable whether an arrangement with that much back and forth is really the best for the kids). The point is, keeping the custody out of court is often the best way to proceed, and thinking outside the “every other weekend” box can often help the parties reach an agreement that will work for everyone.

Proving a Parent to be Unfit

In order to deny a parent visitation or custodial rights, the court must determine a parent to be unfit. If the child's best interests are threaten, then the parental rights of an individual may be terminated. The following are several factors that the court may examine when evaluating a parent to be unfit:

  • There is a history of substance or alcohol abuse problems
  • There is a history of domestic violence
  • The parent has shown abuse or neglect towards the child
  • The parent has shown an unwillingness to cooperate with either the custodial parent or the court

Judges and Types of Custody

Of course, sometimes the parties can’t agree, and that’s when they turn to the court for help. As in most states, if the custody dispute is between two biological parents, both of whom are fit parents, the trial judge has fairly broad discretion in deciding which parent should have custody. The standard used to make the custody determination is found in N.C.G.S. 50-13.2, which says that custody shall be awarded to the person or organization “as will best promote the interest and welfare of the child.” This is frequently referred to as the “best interests” standard since the issue for the court to determine is what is in the best interests of the minor child. N.C.G.S. 50-13.2 says that “no presumption shall apply” between the mother and father, so, in theory, both parents have an equal shot at custody. In determining the best interests, 50-13.2 allows the judge to consider any relevant information.

More and more often, judges in Charlotte family courts are deciding that it is in the best interest of the children for parents to maintain joint custody rights even after separating and divorcing. For one parent to gain sole decision-making power in a legal custody case, there are usually extenuating circumstances that establish that one parent is not fit to make decisions in the children’s best interests, or that joint decisions are impossible given the personalities of the two parents involved.

There are a variety of factors that affect your child custody case, such as:

  • The age of your child/children
  • Number of siblings
  • The proximity of the two parent’s households
  • The work schedule of each parent
  • Evidence of domestic violence in the home
  • Each parent’s ability to provide for their child/children

Contact Our Charlotte Child Custody Lawyers Today!

Your situation will be unique to your family. Our North Carolina child custody lawyers can help you understand your options if you find the decision of determining child custody is up to a judge. This understanding may help you resolve the dispute without the need for a court order and create a parenting plan that works for all involved parties.

Related Reading: 5 Reasons a Judge Will Change Custody

For assistance with your child custody case, contact our firm by calling (704) 343-8811.

Recent Testimonials

  • I am very comfortable referring friends and family to him because of his expertise, he’s a true gem!

    “Mr. Krusch helped and prepared me for a difficult case. He worked extremely hard with his staff and they were very professional at all times. From the moment l walked in, till the end of the case. I am very comfortable referring friends and family to him because of his expertise, he’s a true gem!”

    Judith B.

  • I think he is one of the best family law attorneys in Mecklenburg County.

    “I endorse this lawyer. I practiced family law extensively in Charlotte in the 1990s and went up against Alan on several cases. He always did a great job protecting his client's interests. He is a very effective advocate in court. I think he is one of the best family law attorneys in Mecklenburg County.”

    Bobby B.

  • He has an in-depth understanding of the law and the ability to communicate legal concepts clearly and effectively.

    “I am impressed with Mr. Krusch's thoughtful advice and answers to legal questions on Avvo. He has an in-depth understanding of the law and the ability to communicate legal concepts clearly and effectively. I endorse this lawyer!”

    Andrew D.

  • No words can express the gratitude I have for all your effort you put into my case.


    No words can express the gratitude I have for all your effort you put into my case. It was much appreciated. I'm still in disbelief as it has been a long. frustrated 3 and 1/2 years, I hope and pray others like me who suffers from an aggravated repetitive work condition will finally be heard. Thanking you one again.

    Celia C.

  • Alan is a sophisticated professional.

    “Alan is a sophisticated professional. Wow, did I say wow?!!!! He will tell you up front EXACTLY what will happen with your case. Also known as the truth, which (by the way you probably already know.) My advice is to just let him do his job -that he is more than capable of doing. Don't ask too many questions or get yourself worked up. Alan will tell you in advance almost the exact outcome of your case to a t. In the end you can feel good about him as a human being because he won't resort to less than favorable behaviour. And by that I mean other attorneys who have to use immature tactics to make up for what they lack as men. Although it is quite entertaining to watch some of them!!!Hahahahaha!!!!! Submitted by JULIE MEDLIN, who JUST WON HER CASE!!!!!!!!! Thank you ALAN KRUSCH!”

    Julie M.