Visitation

What is the Child Custody and Visitation Mediation Program in North Carolina?

Published on: July 29, 2026 | On behalf of Arnold & Smith, PLLC

When parents decide to end their marriage, some of the most common areas of dispute are those involving the children. In North Carolina, both parents are expected to provide for their children and spend time with them. If parents disagree about these issues, it not only makes life stressful, but also makes divorce more difficult and challenging for the whole family. When disputes arise, the court may require parents to participate in the child custody and visitation mediation program.

What is the Child Custody and Visitation Mediation Program?

North Carolina provides a child custody and visitation program for parents who are going through a contested divorce. The program is designed to provide mediation services to assist parents in coming to an agreement regarding issues of custody and visitation. When the court requires the program, parents must attend unless the court waives it for reasons such as domestic violence or abuse issues. The program is in accordance with North Carolina law (N.C. General Statutes 50-13.1)

Grandparent Visitation in North Carolina

Published on: June 19, 2024 | On behalf of Arnold & Smith, PLLC

Grandparent Visitation in North Carolina

Grandparents play a special role in the lives of their grandchildren. Children have special memories of their grandparents that last a lifetime. The love and care of a grandparent cannot be replaced. Grandparents form unique bonds with their grandchildren that are essential to kids. While most grandparents are able to see their grandchildren on a regular basis, there are times when a grandparent may be denied visitation. Many people wonder whether grandparents have visitation rights in North Carolina.

Do Grandparents Have Rights?

Can an Unmarried Father Get Visitation of His Child?

Published on: September 27, 2023 | On behalf of Arnold & Smith, PLLC

Can an Unmarried Father Get Visitation of His Child?

The societal trends of families in the United States have changed quite a bit over the last 50 years. While families in the mid-1900s were composed mainly of married parents, that is not always the case today. The number of unmarried fathers has doubled over the last half-century. About 1 in 5 children are living with their unmarried mother. This means that unmarried fathers must take steps to seek visitation with their children.

Unfortunately, without a legal order, mothers are not required to allow an unmarried father to spend time with their child. A father should seek a court order to ensure that they get regular visits with their child. Before you can take legal action, you must establish that you are the child’s biological father.

What are a Father’s Rights in North Carolina?

Published on: February 8, 2023 | On behalf of Arnold & Smith, PLLC

What are a Father’s Rights in North Carolina?

A child has two biological parents, and both often play important roles in their life. Although a mother gives birth, both the mother and father have rights and responsibilities. Generally, both parents are allowed to spend time with their children. One parent typically has physical custody of the child, while the other has regular visitation. Both parents often share legal custody that allows them to make important decisions for their child regarding health, education, religion, and more. An experienced family law attorney will help protect your parental rights.

Can a Father Get Custody?

How Often Can I Have Visitation With My Child?

Published on: June 22, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Can I keep my Kids from seeing the other parent?”

Divorce changes the family dynamic and requires adjustments from all family members. Children are especially important when considering the new way that a family will interact. Generally, both parents are allowed to spend time with their child following a divorce. Typically, parents share custody, but a child resides primarily with one parent and has regular visitation with the other. The parent in the home where the child resides is often called the primary custodial parent. It is essential to ensure that a child spends time with the non-custodial parent following a divorce.

Do I Have Visitation Rights as a Grandparent in North Carolina?

Published on: March 24, 2021 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

There is a special bond between grandparents and their grandchildren. Their relationship is based on love and appreciation. For this reason, many grandparents wonder, “Do I have any visitation rights as a grandparent in North Carolina?”

Judge Issues Custody Order Barring Golf Practice

Published on: June 28, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What are my custody rights if the other parent moves?”

As anyone who has ever been through a divorce with children knows, custody is almost always the thorniest issue to be resolved. Though it can be difficult to reach agreement with a spouse privately, it is often better to try this rather than hand your case over to a judge to decide. A recent custody decision out of Virginia illustrates this point well, with the judge handing down what many view as a bizarre order which says that the girl at the center of the custody dispute is prohibited from practicing or playing golf.

Maryland Case Tackles Same-Sex Visitiation

Published on: September 8, 2015 | On behalf of Arnold & Smith, PLLC

Charlotte Divorce Attorney Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Does adultery affect who gets custody?”

This summer’s same-sex marriage ruling has resulted in rapid change across the country as courts adapt to the new legal landscape. The family law court system has borne the brunt of these changes, dealing with weddings, adoptions and, unfortunately, divorces. Given how new same-sex marriage and divorce is across most of the country, some issues have arisen and the courts are having to make their way through uncharted territory.

Parenting site offers holiday happiness tips for divorced dads

Published on: December 9, 2014 | On behalf of Arnold & Smith, PLLC

Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can I do to gain custody of my child in North Carolina?”

Holidays are all about tradition, and as Heather Gray writes for Yahoo Parenting, divorced dads can get the feeling over the holidays that “traditions don’t really exist” for them anymore.

If what a divorced dad has in mind for a happy, fulfilling holiday doesn’t square up with reality, the first step towards making a happy holiday a reality is becoming clear about exactly what a divorced dad wants. One may not—due to opposition from an ex-wife, due to legal agreements or other circumstances—be able to get everything one wants, but it is important to begin with a clear picture of what one believes happiness must include.

The worst that can happen is an ex will say no. The ex has Christmas with the kids. It’s in the custody order, that’s it.

But that’s not it, and if relations are generally amicable between a divorced dad and his ex, perhaps there is room for compromise. Maybe there is something a divorced dad can offer in return for holiday time with children. Perhaps on an upcoming weekend the children can remain with their mother instead of spending the weekend with their father, as is their custom.

Child Custody Lawyers Monroe; Union County; North Carolina :: What Does a Guardian Ad Litem Do in a North Carolina Divorce?

Published on: November 22, 2012 | On behalf of Arnold & Smith, PLLC

Guardians ad litem are people that have been appointed by the court to represent “the best interests of the child” in court proceedings. In family court, guardians are appointed in contested custody and visitation cases, and cases where abuse or neglect has been alleged. Though guardians can be directly appointed by judges, in many contested custody and visitation cases the guardian is selected by the parties’ attorneys.

In these contentious custody cases the guardian is paid for by the parties. Though the guardian ad litem is typically an attorney, this is not always the case as anyone who meets the requirements can be a guardian in such cases.

The guardian’s role is a bit of a mixture of investigator and advocate. Some guardians will tend towards one side and not the other; it depends on the circumstances of the case and the temperament of the individual guardian. Some are zealous advocates for the children while others act as reporters, documenting behavior and recording interactions between parents and child.

The guardian who acts as an investigator will try to develop a strong factual understanding of the life of the parents and child. Guardians are empowered to interview the parents and the children, observing them on multiple occasions and even conducting surprise home visits. The guardian can then present the court with information that a judge would want to know when making a decision concerning custody and visitation. The guardian who behaves more like an advocate can have more of a viewpoint, deciding which situation is a better fit for the child and attempting to influence the court to support this view.

Even the most balanced guardians can invariably influence judges in their final reports. A guardian whose final report that says the children are doing fabulously well with the mother or that the father is an alcoholic carries a lot of weight with judges and can ultimately be determinative. Such reports let the court know what’s going on so that they can make a recommendation as to custody.