There are few things more painful than losing your child. This is only worsened when the circumstances are unfair, unjust, or illegal. However, just because you didn’t give birth to your child doesn’t mean that you don’t have a right to visitation, child custody, or a fair accounting of the work you do to support your children.
Many fathers’ rights are lost or degraded because they mistakenly believe that they don’t have a legal right to their children. However, this simply isn’t the case. Fathers are frequently discouraged from taking their case to court even in circumstances where, with the right family lawyer, they would have prevailed.
No matter what other messages you hear about parenting, hear this: fathers have just as much of a parental duty and parental right to their children as any parent. There are fathers’ who have put all of themselves into caring for their children, providing child support, and working to keep their children safe, both in traditional family situations as well as situations where a mother may not be willing or able to care for them.
The Lassiter & Lassiter lawyers have been practicing law for more than half a century, with that legacy continuing from father to son. We have seen family law cases that range from straightforward to incredibly complex, and we are ready to deal with even the most challenging cases. Every single-family law case is different, and every father is unique. We know that a cookie-cutter approach will never yield optimal results in court and that what makes us successful is paying close attention to the specifics of your case, your life, and your children.
If you’re a father who is concerned about how the courts will treat you, know the state protects all parents in these situations. Once the law is clear that you are the father of your children, the state of North Carolina sees you as an absolute equal parent to the mother under the law. This means that the state will consider any request you make about child custody or child rearing with equal weight as if the mother made it.
A father has the same rights to safety, to visitation, or even child support that any mother would in a similar situation. This means that if you are the primary caretaker, your spouse will have to provide child support to you the same way a man would. If you are safe to be around for your child and mother, they cannot deny you visitation except under exceptional circumstances. In the event that your spouse was ever abusive towards you or your child, you have the same rights to orders of protection under the law, regardless of your gender.
A skilled family attorney in Statesville, NC is critical to getting the results for you and your children. Though parents may represent themselves in matters of custody, visitation, and other matters, they are far less likely to prevail in court or get a fair settlement without experienced hands to help them navigate the requirements of the law. An excellent family lawyer will be able to ensure no piece of evidence is left out, no paper unfiled, and all details are covered. We take the work of representing yourself off your shoulders so that you can spend more of your time living your life and being a parent to your children.
Under North Carolina law, a father has equal legal entitlement to every parental right that a mother does unless there is a clear legal justification to modify them for the safety of the child or the mother. A father has an equal right to child visitation, even if they are unable to meet child support obligations, and they have a right to seek modification of any child support payments or orders that the law allows. In short, fathers are equal parents under the law.
Until a biological father can establish their right to custody through marriage or paternity, a birth mother has the right to refuse a father visitation to their child. However, if this has been established, a mother can only deny a father access to their children in cases of abuse, incapacity, or other factors that make him unfit to discharge his parental duties.
A father does not lose their rights until contact has not been made with the children for six months in the state of North Carolina. There are ways to amend this for certain people. For example, the Uniform Deployed Parents Custody and Visitation Act provides for certain avenues of maintaining custody if an agreement is made prior to or during a parent’s military deployment.
In the state of North Carolina, there is not a set age at which the court is required to consider what the child wants. Whether that is a factor in the determination of child custody is entirely at the discretion of the judge. If the judge decides to consider it as a factor, there is no limit to the age of the child.
Lassiter & Lassiter is here to help you to defend your rights as a parent so that you can get back to doing what you do best – being a father. We know how much every passing day matters to fathers who are paying huge amounts in support while also being denied contact with their children. We will do everything we can to help you get your rights restored as soon as possible. Don’t wait to seek out help; contact us today so that we can get started on your case right away.
Call our office at 704-873-2295 or email us today.
Attorney Mike Lassiter grew up in Statesville, makes his living serving the people of Statesville and published a book capturing the changing landscape of small town life across North Carolina and Iredell County. His keen sense of history, dedication to the area and 30 years of legal experience make him an ideal attorney for your legal needs.
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