Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect who gets custody?”
“You have been denied child custody/visitation!” is one of the worst things a parent can hear. Losing or being denied custody is never easy, but do not panic. You may still be able to get back your custody or visitation rights in North Carolina.
It is in your best interests to talk to a family lawyer in North Carolina to determine how to get back custody of your child. Contact Arnold & Smith, PLLC, for a case review.
What to Do After Being Denied Custody or Visitation
Here is a quick guide to regaining custody of your child after the denial of custody or visitation rights:
Yes, being denied custody or visitation rights is one of the most disheartening things that can happen to you. We understand that. However, the worst thing you can do is respond to the situation emotionally, or worse, forcibly remove your child from the custody of the other parent.
Instead, stay calm and consider contacting a knowledgeable attorney to understand what you can do to get back custody or visitation rights.
Find Out Why You Lost Custody or Visitation
You must understand the reasons behind the denial of your custody or visitation rights in order to remedy the situation and regain your rights.
In most cases, a parent may lose custody or visitation in North Carolina if they:
- Were found to be unfit to be a parent; or
- Have neglected, abandoned, or abused their child.
Consult With a Family Lawyer
If you want to regain your custody or visitation rights as soon as possible, it is vital to work with a skilled child custody lawyer in North Carolina. Here is how a family lawyer can help you in this situation:
- They will help you determine why you were denied custody or visitation;
- They will evaluate your specific situation to work out a plan to regain custody or visitation rights;
- They will help you ensure that you meet all of the court-ordered conditions to get back your rights; and
- They will negotiate with the other parent, their attorney, and a judge assigned to your case to make sure that you maximize your chances to get back custody of your children.
Meet the Court-Ordered Conditions
A North Carolina judge may require you to meet specific conditions before you can regain your custody and visitation rights. You should start following the court-ordered instructions immediately after the denial to have a better chance of getting back custody. Common court-ordered conditions include:
- Attend parenting classes
- Go to anger management
- Seek substance abuse treatment
- Receive mental health care
- Make other lifestyle changes as instructed by the judge
Regain Custody or Visitation Rights
This last step may take a while. However, as long as you take the above-mentioned steps after the denial of custody or visitation, there is a good chance that you will eventually regain your rights.
However, do not expect the judge to change the current custody order overnight. You will need to consistently demonstrate proof that you are a responsible parent in order to get back custody of your children.
If you were denied custody or visitation, it is essential to contact an experienced family lawyer in North Carolina to help you regain your rights. Get a phone or video consultation by calling at (704) 370-2828 to speak with our detail-oriented and well-versed lawyers with offices in Charlotte, Lake Norman, and Monroe, please contact Arnold & Smith, PLLC today or find additional resources here.
The family law practice group at Arnold & Smith, PLLC includes two Board-Certified Family Law specialists and one Child Welfare Law specialist, as well as several attorneys with many years of family law experience that are committed to providing a powerful voice to individuals facing the often-tumultuous issues in this area of law. The range of issues our family law clients may be facing include pre- and post-nuptial agreements; separation agreements; post-separation support; child support (both temporary and permanent); absolute divorce; divorce from bed and board; military divorce; equitable distribution of assets; child custody (both temporary and permanent); retirement benefits and divorce; alimony and spousal support; adoption; and emancipation. Because this area of the law is usually emotionally charged and complicated, the family law attorneys at Arnold & Smith, PLLC act with the utmost dedication to ensure that each client understands his or her options, and then act to achieve the best result possible for that client’s particular situation.
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