Trusted Representation for Your NC Divorce 

At The Law Offices of Annette R. Heim, P.A., we believe in:

• Finding the best fit for families and couples in need of representation – Our firm understands that every case is unique and not every consultation should result in a new client. Our compassionate team is committed to providing wise and honest counsel to North Carolina families to help establish the best fit for their legal and personal needs, no matter what. 
• Establishing the most appropriate path forward for each client – With decades of legal experience under our belt, our legal team understands that there is no one-size-fits all in family law, which is why we’re committed to helping families and couples determine the best fit for their needs, whether that entails in-court litigation or quieter out-of-court settlements. 
• Empowering our clients to pursue happier, healthier lives – While family law matters can be complex, stressful, and emotional, our firm finds it both joyous and fulfilling to help families resolve their issues, turn the page, and start the new chapter they deserve to heal and move on. 

Our Concord family lawyer is here to prioritize your family’s unique goals during this challenging life season, taking your preferences into account to resolve whatever family matter you’re facing as smoothly and efficiently as possible—all while keeping conflict to a minimum. 

Skilled Domestic Violence Lawyer in Concord

Domestic violence, also known as domestic abuse, is a very serious issue for families. In many cases, domestic violence can result in severe injury and even death for you and your loved ones. Domestic violence can take various forms that can be difficult to detect, including (but not limited to):

Domestic violence offenses are taken seriously in North Carolina, and the state has specific laws in place to protect individuals and families from abusive behavior. Understanding these laws is crucial for families dealing with domestic violence cases in family courts. 

Under § 50B-1 of the North Carolina General Statutes, domestic violence is defined as the commission of one or more of the following acts by a person against a current or former intimate partner or family member:

Impacts of Domestic Violence on Family Law Disputes

Domestic violence can have significant implications within the context of family courts, often impacting:

• Divorce  – Domestic violence can be a factor considered by family courts when determining divorce or separation proceedings. It may influence issues like child custody, visitation, and property division.
• Child custody – In cases involving domestic violence, family courts prioritize the safety and well-being of children. The court may modify custody arrangements or restrict visitation rights to protect the child from potential harm.
• Child support and spousal support – Domestic violence can impact court-ordered payments like child support and spousal support (alimony) in familial disputes.
• Property division – Domestic violence inevitably influences property division during a divorce, as the offending party may walk away with less while the victimized party receives a greater share of assets. Courts can consider the financial losses suffered by domestic violence survivors and award compensation accordingly.

Reliable Advocacy for Child Custody Disputes

When it comes to child custody cases, our experienced attorney can provide the sound legal guidance and support you need. We understand that child custody matters aren’t just legally complex; they’re often emotionally challenging, which is why we’re committed to helping you and your loved ones resolve child custody disputes as soon as possible—all while keeping your child’s best interests at heart.

Types of Child Custody in North Carolina

There are two primary types of child custody in North Carolina, including: 

1. Physical Custody: Physical custody refers to where the child will reside primarily. It determines which parent or guardian will have physical possession and responsibility for the day-to-day care of the child. Physical custody can be sole (when one parent has primary physical custody) or joint (when the child spends substantial time with both parents).
2. Legal Custody: Legal custody involves the right and responsibility to make important decisions regarding the child's welfare, such as education, healthcare, and religious upbringing. Depending on the circumstances, legal custody can also be granted as either sole or joint.

How Do Family Courts Determine Child Custody in NC? 

When establishing child custody arrangements, North Carolina courts must always prioritize the best interests of the child. To determine what is in the child's best interests, the courts can take various factors into consideration, such as: 

• The child's preferences: If the child is old enough and mature enough to express their preferences regarding custody, the court can take their preferences into consideration.
• Each co-parent’s relationship with the child: The courts evaluate the quality of the relationship between each parent and the child. Factors such as the ability to provide emotional support, stability, and a nurturing environment are taken into account.
• The relationship between co-parents: The court assesses each parent's ability to cooperate and communicate effectively with the other parent in matters relating to the child's upbringing. Demonstrating a willingness to promote a healthy co-parenting relationship is important.
• The child’s stability and adjustment period: The court considers the child's current living situation, school, community ties, and social relationships. Stability and continuity in the child's life are often prioritized.
• The mental and physical health of each co-parent: The mental and physical well-being of each parent is taken into account. The court may consider factors such as substance abuse, domestic violence, or any conditions that could potentially affect the child's safety or welfare.
• Each co-parent’s responsibilities: The court evaluates each parent's ability to meet the child's daily needs, provide a safe environment, and create a nurturing and supportive atmosphere.
• Location and proximity: The geographical location of each parent’s residence will likely be considered, as it can impact the child's access to both parents and their involvement in the child's life.

Keep in mind that the court may consider some or all of these factors when making child custody decisions in North Carolina courts, as such decisions are up to the judge’s discretion. 

If you’re preparing for family court, securing reliable representation is crucial to secure a favorable outcome. Call (704) 912-0353 to schedule a consultation.