Father’s Rights Attorney in Charlotte, NC

Protecting Paternal Bonds in North Carolina

As a father, your primary goal has always been to provide for your family and raise a child who is happy and healthy. You have consistently given as much as you can to ensure their future is bright. You never thought you would have to fight for your right to see your kid, but here you are, worried about your future with your child.

Navigating the legal landscape of parental rights can be particularly daunting for fathers, especially in family law matters like child custody. At the Law Office of Jana K. Jones, PLLC, we champion fathers’ rights and ensure that paternal figures are treated equitably and granted the same legal considerations as mothers in family law proceedings.

What Rights Does a Father Have?

Being a dad is scary business. There is a lot expected of you from your family, from society, and from yourself. Unfortunately, sometimes divorce or legal separation becomes the only option, regardless of how hard you work. This can leave a father reeling and worried about their rights. Popular media doesn’t help this worry as it is commonly shown that women have more rights during divorce than men, especially when it comes to custody and visitation.

The fact is, fathers’ rights are just as important as a mother’s. If someone is trying to control you or manipulate you using your child as leverage, don’t believe the lies they tell you.

In North Carolina law, fathers have these rights:

The right to seek custody of their child
The right to request visitation or parenting time
The right to participate in major decisions regarding their child’s health, education, and upbringing
The right to challenge or request child support orders
The right to be consulted before their child is relocated

Fathers who are actively involved, responsible, and consistent in their child’s life have every opportunity to pursue equal custody or visitation rights in North Carolina.

How is Paternity Confirmed?

In North Carolina, fathers can establish parental rights through various avenues. If the father is married to the mother at the time of the child’s birth, his name will typically appear on the birth certificate, granting him immediate parental rights. However, if the father is unmarried to the mother, he may need to initiate paternity proceedings to establish legal recognition as the child’s father.

There are two primary methods to establish paternity:

Voluntary Paternity Acknowledgment: Fathers can voluntarily acknowledge their paternity by filling out a form that legally recognizes them as the child’s father.
Court-Ordered Paternity Suit: If paternity is disputed or contested, either the mother or a third party can initiate a paternity suit in court to obtain an official determination of paternity.

Once paternity is established, fathers gain full parental rights and responsibilities, including custody and visitation arrangements.

How is Child Custody in North Carolina Determined?

When determining child custody in North Carolina, courts prioritize the best interests of the child above all else. This holistic assessment encompasses the child’s physical, emotional, and intellectual needs, as well as their relationship with each parent and other significant individuals in their life.

While there’s a common misconception that mothers automatically receive custody, North Carolina courts base custody decisions on the child’s welfare and not gender biases. Factors such as parental involvement, stability, and the child’s preferences (if mature enough to express them) are carefully evaluated.

Parents must provide their child with a safe, stable environment, even in the case of sole custody. The mental and physical health of both parents is also considered when coming up with a child custody arrangement.

Forms of Custody

Legal custody – the right to make major decisions about the child’s life
Physical custody – where the child lives and who provides daily care
Joint custody – shared responsibilities between both parents
Primary custody – one parent has primary decision-making power or physical custody

Custody arrangements vary and will always be done in a way that the court feels is in the best interests of the child. That means one parent may have joint physical custody but doesn’t have legal custody. The courts aim for equal quality parenting time with their children.

Do Fathers Pay More Child Support Than Mothers?

Regrettably, this is another myth that people try to push on innocent fathers. Fathers are not expected to pay more than mothers when it comes to the financial support of their shared child. North Carolina uses a shared income model with the aim of an equitable division of financial responsibilities. The court will examine things like:

Each parents income
The amount of overnights the child spends with each parent
Childcare and health insurance costs
Extraordinary expenses, such as increased medical costs

A fact women may not want men to know is that the above circumstances can actually lead to them paying more in child support payments than the man. If the mother earns more or has less custody than the father, they may have to pay the father child support.

The law focuses on what is in the best interests of the child, not gender. When you work with a Charlotte father’s rights attorney, you can go into any child support dispute knowing you have someone fighting for your rights. Call 704-275-0951 if you have questions about child support or need help ensuring a fair agreement is reached.

What Should You Do if Your Child’s Other Parent is Withholding Visitation?

Unfortunately, some parents think they can withhold visitation as a form of leverage or punishment. This is most common when a parent thinks they can prevent their child’s other parent from seeing their child because of missed child support payments. The fact of the matter is child custody and child support are two separate legal matters. Neither parent has the right to prevent visitation. If your ex is refusing to let you see your child and violating your visitation rights, you should:

Immediately speak with a father’s rights attorney about your specific circumstances.
Document everything, keep detailed notes of missed visits, and communication that shows refusal of visitation.
Never retaliate. Do not yell or argue with them. Avoid escalating the issue; that is exactly what they want.
With your attorney, file a motion for contempt. Visitation rights are court-ordered, and failing to abide by the custody order is illegal. A judge can enforce visitation, as well as impose fines, jail time, or change the custody agreement altogether.

If visitation disputes occur repeatedly, the court may modify the agreement in your favor. Keeping a cool head can mean more time with your child.

What is Our Role as Fathers’ Rights Advocates?

At the Law Office of Jana K. Jones, PLLC, we understand the complexities and challenges fathers face in asserting their parental rights. Our legal team works tirelessly to ensure that fathers are given fair consideration in custody matters and have the opportunity to maintain meaningful relationships with their children.

Our services include:

Legal Representation: We provide legal representation for fathers navigating child custody disputes, ensuring their voices are heard and their rights are protected.
Mediation and Negotiation: Whenever possible, we advocate for amicable resolutions through mediation and negotiation, prioritizing mutually beneficial outcomes for parents and children.
Court Advocacy: In cases where litigation is necessary, we fiercely advocate for fathers’ rights in court, presenting compelling arguments and evidence to support our clients’ positions.
Modifications: We assist fathers in seeking modifications to custody and visitation arrangements when significant life changes warrant adjustments to existing court orders.

The Law Office of Jana K. Jones, PLLC, is your one-stop shop for many of the family law issues fathers in North Carolina face. We respect fathers’ rights, and we will do whatever it takes to fight for what is fair.

Schedule a Consultation Today

If you’re a father seeking to establish or protect your parental rights in Mecklenburg County, we’re here to help. Contact the Law Office of Jana K. Jones, PLLC, at 704-275-0951 to schedule a consultation. Let us be your trusted legal ally in safeguarding your relationship with your children.