between $2,500 to $5,000The average North Carolina case cost for child custody lawyer is between $2,500 to $5,000.
In most civil cases, each party is required to pay his or her own attorney's fees. However, family law is one of the few areas of the law where there is a legal basis for one party to pay the other party's legal fees. The basis for the payment of attorney's fees is found in North Carolina Statutes.
You'll need to pay the court clerk $150 to open your case. If you can't afford it, submit a Petition to Proceed as an Indigent to ask the court to waive the charges.
Non-relatives requesting custody must prove that they have a substantial relationship with the child. How do I file for custody? To ask a court for a child custody order, you must file a complaint. Your lawyer can file the complaint for you, or if you do not have a lawyer, you can file a complaint yourself.
As per the North Carolina child custody law for unmarried parents, the birth mother has post-natal custodial rights and can refuse visitation to the biological father until his right to custody is established. To challenge this, the father can file paternity action for child visitation or similar custody rights.
The child's age, gender, characteristics and background will all be a factor in the decision process. The judge or magistrate will want to ensure that the child is safe from any possible harm and the parent has the ability to meet the child's needs.
The Reigning King of What Can Be Used Against You in a Custody Battle: Verbal or Physical Altercations. We wanted to start with the most simple pitfall to avoid: When tempers get high, it's quite alluring to get into a verbal sparring match with your ex-spouse.
In North Carolina, there is no presumption that favors one parent over the other (i.e. mother favored over the father). North Carolina is one of many states that have abolished the maternal preference, favoring the mother of the child.