Legal Services

Child Custody and Visitation

During a custody matter children are prone to take the brunt of the emotional stress. We focus on minimizing conflict to protect the well-being and best interests of the children involved and will strive to protect the rights of both you and your children. Custody and visitation are broken into several different components; legal custody refers to a parent’s right to make decision for their minor child, such as medical, education and religion, with the courts generally grant equal decision-making authority to each parent. Physical custody refers to which parent is providing the actual physical care for the child. Many factors are used in determining which parent is granted physical custody but generally it is believed that a child benefits from regular and equal time with each parent.

On occasion, one parent’s conduct may be so harmful as to warrant restricted or limited visitation. The court may also consider granting one party emergency temporary custody when the facts show that the child is at risk of physical or sexual abuse. The only other reason a court may grant emergency temporary custody is if the child is at risk of being removed from the State of North Carolina for the purpose of preventing the courts from hearing the matter. In such cases, and when an actual emergency exists that poses a physical danger to the children, the court may consider awarding one parent sole custody without the other parent receiving prior notice in order to prevent further harm.

North Carolina also recognizes a grandparent’s right to visit with their grandchildren. However, the laws of North Carolina regarding grandparent rights can be very confusing and vary based upon many factors. Farias Law is here to help with all child custody issues including emergency custody and grandparent rights, as well as a full range of family law matters. Contact us at (252)222-4802 to schedule an initial consultation.

Child Custody
Child Support

Child Support

Child support is governed by the North Carolina Child Support Guidelines. There are many statutory factors that determine each parent’s obligation. For more information, click the link www.nccourts.org to view the copyrighted version of the guidelines and worksheets.

Spousal Support and Alimony

Post-separation support and alimony are commonly used to refer to payments from one spouse to another for support. Post-separation support is temporary in nature and is not intended to be permanent support. Alimony can be for a definite period of time or may last for an indefinite term. In order to qualify for post-separation support or alimony it must be shown that one spouse is dependent upon the other spouse for support and that the supporting spouse has the ability to pay. Many factors are used in determining whether someone is entitled to alimony; the amount, if any, to be received, and the duration of payments. Marital misconduct can be a bar to receiving alimony. Spousal support requires the navigation and understanding of many competing laws and can be forever waived if it is not properly preserved through the courts.

Spousal Support
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Property Distribution

Property distribution and the financial impact of divorce can cause many couples severe anxiety. The allocation of marital property, separate property and the division of debt can be the most technical and complicated part of any divorce. It is essential that you seek the assistance of an experienced family law attorney who knows how to protect your property rights.

Divorce

The term Absolute Divorce is used to refer to what most people call a divorce. In North Carolina, it is not necessary to establish fault of either spouse in order to be divorced. The only requirements for a divorce in North Carolina is to establish that you have not lived with your spouse for at least one year and at the time you separated from your spouse you did not intend to reconcile. Spouses must be living separate and apart from one another and cannot reside in separate bedrooms or separate floors of the same house. If you hire an attorney to prepare your divorce, then it is not necessary for you to go to court to be divorced.

Divorce can be very a difficult and emotional time in your life, but don’t have to handle it alone. Mistakes made throughout this process by trying to handle it on your own can severely affect your final divorce settlement and jeopardize important personal matters in your life. At Farias Law, PLLC we will explain your rights and your options and outline the best possible course of action for you.

Divorce
Adoption

Adoption

Whether you are considering adopting a related child, working with an adoption agency, or trying to decide between open and closed adoption, Farias Law, PLLC will help guide you through the process.

Additional Family Law Areas we can help with:

  • Domestic violence
  • Separation agreements
  • Prenuptial and antenuptial agreements
  • Postnuptial agreements
  • Department of Social Services cases including abuse neglect and dependency
  • Guardianship
  • Name changes
Farias Law, PLLC

Farias Law, PLLC focuses on providing domestic legal counsel, criminal defense, as well as other forms of civil litigation

Contact Us

4050 Arendell Street, Suite G
Morehead City, NC 28557
252.222.4802