Lincoln County Family Law Lawyer

Lincoln County Family Law Attorney

Facing family changes can be overwhelming. Whether you’re welcoming a new family member through adoption or considering a divorce, having a skilled Lincoln County family law lawyer guide you through the process can help alleviate anxiety so you can make informed decisions.

Hire a Family Law Lawyer in Lincoln County

Having an experienced family law attorney can provide stability during difficult transitions. With over 60 years of combined experience, the team at The Schweppe Law Firm, P.A., is familiar with all areas of family law. Our attorneys provide the benefits of a big firm while also being accessible and flexible enough to meet your unique needs.

Our team is dedicated to helping North Carolina residents in Lincoln County in all areas of family law. We are familiar with the Lincoln County Courthouse located in Lincolnton, where family law cases are heard for all residents of Lincoln County. When you hire a family law lawyer from The Schweppe Law Firm, P.A., you get a dedicated team that prioritizes our clients and keeps them informed throughout the process.

Lincoln County Families

Lincoln County is a diverse region consisting of waterfront communities and a city feel in the east and rural, country living in the west. Both areas offer a wonderful place to settle down and raise a family. With a population of 95,675, Lincoln County boasts about 37,618 households.

Family Law in Lincoln County

Family law cases are heard in the judicial branch by a single district court judge or a team of judges assigned to that family. This method allows judges to gain familiarity with the family, enabling them to make decisions based on a wealth of information gathered over time.

This method also prevents families from having to explain potentially emotional situations repeatedly. The goal of North Carolina family law judges is for family issues to be resolved within one year of filing.

Types of Family Law Cases

A family law attorney practices in legal matters that arise within families. Knowledgeable family law attorneys can help navigate these issues for improved outcomes. The specific areas of family law include:

• Adoption: Completing adoption paperwork can be challenging, and delays in the process can prevent a placement or increase the overall cost of the adoption.
• Divorce: Getting a divorce is not as simple as drafting paperwork and filing it with the court system. North Carolina couples have to meet certain criteria before divorce papers can be filed. One such criterion is the residency requirement.Although North Carolina is a no-fault divorce state, fault can still have implications for spousal support or child custody. Even simple, uncontested divorces have to follow proper legal channels and submit required documentation. The process is much smoother when done with the help of a qualified family law attorney.
• Separation: Another criterion to get divorced in North Carolina is a period of separation of one year and one day. A family law attorney can advise on which living situations count during a separation and how the separation might impact child custody or support.
• Child custody: Family law judges make decisions for both legal and physical child custody. Deciding where your child should live and which parent should make important decisions can cause disagreement during the divorce process. A family law attorney can help navigate child custody and child support disagreements.
• Grandparents’ rights: North Carolina recognizes that it may be in the best interests of the child to order visitation or award custody to grandparents.
• Parentage: When parentage is unknown or contested, a judge can order paternity testing through the court system.
• Guardianships: Guardianship issues may arise for elderly parents, family members with special needs, or minor children who require an official determination by the court.
• Prenuptial agreements: A prenuptial agreement can help protect your assets should your marriage end in a divorce, but legal challenges may be possible if the documents are not drafted appropriately.

FAQs About Lincoln County, NC Family Law

What Are the Three C’s of Divorce?

The three “C’s” of divorce are communication, cooperation, and compromise. They can help a divorcing couple have an amicable divorce. Communication is essential for a smooth divorce. Honest communication and full disclosure allow the process to progress without surprises. Cooperation can be especially important if there are children involved. Compromising allows you to agree on how assets, debts, and custody should be handled.

What Shouldn’t You Do During Separation in North Carolina?

North Carolina requires a separation period of at least one year before a couple can file for divorce. During this separation period, you shouldn’t see your spouse too often, as this can prevent you from moving on; start a new relationship, as adultery is a crime in North Carolina; post information about your spouse that could be used in court; or take on unnecessary expenses, which could affect your finances after the divorce.

What Is the Biggest Mistake in a Custody Battle in North Carolina?

While several mistakes can damage a parent’s standing during a custody battle, one of the biggest mistakes is losing sight of what is in the best interest of the child. When parents act emotionally, it is often the children who suffer.

When facing a custody battle, you should avoid bad-mouthing the other parent, denying visitation, disregarding court orders, being uncooperative, and using the child as a go-between to communicate with the other parent.

How do North Carolina Courts Decide a Parent is Unfit?

North Carolina courts can remove a child if they determine a parent is unfit to care for that child. To determine whether a parent is fit, the courts look at the age of the child, if there is a history of abuse, neglect, or domestic violence, if either parent has issues with drug or alcohol dependency, criminal histories, or mental health history. The judge decides based on what living situation they believe is in the best interests of the child.

Contact The Schweppe Law Firm, P.A.

Family law cases can be complex. An experienced Lincoln County family law attorney can offer guidance and support, arrange mediation, protect your rights, and represent you in court. Don’t face difficult family changes alone. Contact The Schweppe Law Firm, P.A., today to schedule your initial consultation.