Raleigh Child Custody Lawyer
Custody cases in Raleigh are decided at the Wake County Courthouse on Fayetteville Street, under Wake County’s own family court rules, mediation program and judges. Our Raleigh child custody lawyers are a block away, in that courtroom every week, and include two North Carolina State Bar Board Certified Specialists in Family Law.
How a Child Custody Case Works in Wake County
North Carolina custody law is the same in every county: a judge decides what is in the best interests of the child, with no preference for mothers or fathers. What differs from county to county is the process, and Wake County runs one of the most structured family courts in the state. Knowing the sequence matters, because the early steps set the pattern a judge is reluctant to change later.
1. Filing and judicial assignment
A custody complaint or motion is filed with the Clerk of Superior Court at the Wake County Courthouse along with a domestic cover sheet, a custody mediation cover sheet and an affidavit for judicial assignment. Wake County uses a one judge, one family system through its Family Court program: the judge assigned to your case keeps it for every hearing, including custody, support and any later modification, so what a judge learns about your family in a temporary hearing carries forward.
2. Custody mediation orientation
Every contested custody or visitation case in Wake County goes to the court’s custody mediation program before a judge hears it, unless the court waives mediation for domestic violence, substance abuse or similar reasons. Within about 45 days of filing, both parents are ordered to an orientation session at the courthouse. Skipping it can mean contempt. The mediators are neutral and paid by the county, attorneys do not attend the sessions, and nothing said in mediation can be used in court.
3. Mediation and the parenting agreement
After orientation the parents meet with the mediator, usually once or twice, to work on a schedule and decision making. If they agree, the mediator drafts a parenting agreement, both attorneys review it, the parents sign it, and the judge enters it as an Order Approving Parenting Agreement. It is then a court order enforceable by contempt. Many Wake County custody cases end here. If there is no agreement, the mediator files an order to calendar the case for hearing.
4. Temporary custody hearing
Either parent can ask the Family Court Case Coordinator to calendar a temporary custody hearing. The local rules set a goal of 30 to 45 days, but the reality in Wake County is that the family court calendar is crowded and a temporary hearing can take several months to be reached; we have seen six months. These hearings are limited to two hours, one hour per side, so the evidence has to be chosen carefully: a short list of witnesses, school and medical records, and a proposed schedule the judge can adopt. The temporary order controls daily life until the permanent hearing, which can be a year or more away, and it tends to become the baseline. That wait is one reason a workable agreement at mediation is often worth more than a hearing.
5. Permanent custody trial
The local rules set a target of a permanent custody order within about six months of filing. In practice, a contested custody trial in Wake County is frequently more than a year away, and longer if a custody evaluation is ordered or the case is continued. Trial is a full evidentiary hearing before the assigned judge, with discovery beforehand and, in some cases, a custody evaluation or a parenting coordinator. The order that results can only be changed later on a showing of a substantial change in circumstances affecting the child.
What Wake County Judges Look For
Wake County’s family court judges hear custody cases every week and have seen every version of every argument. They are not moved by which parent is angrier or who files first. The patterns that consistently matter in Raleigh courtrooms are these.
Who has actually been parenting
School pickups, pediatrician visits, homework, bedtime. Judges want the child’s life to stay as stable as possible, so the parent who has been doing the day to day work has an advantage, and the parent who wants more time needs to show he or she has started doing it, not just asked for it.
Willingness to support the other parent
North Carolina judges weigh which parent is more likely to encourage the child’s relationship with the other parent. A parent who withholds the children, badmouths the other parent in front of them, or refuses reasonable schedule changes hurts his or her own case.
Communication in writing
Texts and emails between the parents are exhibits in nearly every Wake County custody hearing. Short, civil, child focused messages help; threats, sarcasm and accusations are read aloud to the judge.
A realistic proposed schedule
The parent who hands the judge a workable schedule, with school, commute times between Raleigh, Cary and the rest of the Triangle, and exchanges accounted for, usually gets more of what he or she asked for than the parent who just says “fifty fifty” or “primary custody.”
Emergency Custody in Raleigh
When a child is in danger, or a parent has taken the child or is about to leave the state, Wake County judges can enter an emergency custody order without notice to the other parent, usually the same day the motion is filed, with a return hearing within ten days. The standard is high: the court needs specific facts showing a substantial risk of bodily injury or sexual abuse, or a substantial risk that the child will be removed from North Carolina to evade the court. Emergency motions filed to gain leverage in an ordinary custody dispute are denied and remembered. If abuse is involved, a domestic violence protective order can also include temporary custody and is often the faster path.
Raleigh Child Custody Attorneys
Every attorney in our Raleigh office practices family law exclusively and appears in Wake County Family Court regularly. Two are North Carolina State Bar Board Certified Specialists in Family Law, a credential held by a small fraction of North Carolina attorneys that requires years of substantial family law practice, peer review and a written examination.
Ashley Prince
Senior Litigation Counsel, Board Certified Specialist in Family Law
Kisha Patel
Senior Litigation Counsel, Board Certified Specialist in Family Law
Arianna Pearson
Associate Attorney
Katheryn Haas
Associate Attorney
“Ashley and her team were absolutely amazing and very supportive throughout my entire custody and child support process! Very informative, always answered my questions when I had one and incredibly friendly as well.”Jonathan, Avvo review
“It was a great pleasure to work with Arianna Pearson and her legal team. Ms. Pearson is all you want and need in an attorney as she is very professional, friendly, knowledgeable and prompt.”Former client
“I met with her regarding a child custody case. She guided and helped me throughout the case. It is because of Ms. Patel me and my child were able to travel internationally to meet family.”Priya, Avvo review of Kisha Patel
Custody Matters We Handle in Wake County
Initial custody and visitation
Legal and physical custody, parenting schedules, holiday and summer plans, and decision making for school, medical care and religion, whether by agreement in mediation or at trial.
Custody modification
Changing an existing Wake County order after a job change, a move, a child’s changing needs or a parent’s failure to follow the schedule. Modification requires a substantial change in circumstances, and we will tell you honestly whether your facts meet it. See our custody modification guide.
Relocation
Moving a child out of the Triangle or out of North Carolina, whether you are the parent who wants to move or the one trying to keep the child close. Wake County judges look hard at the reasons for the move and its effect on the other parent’s relationship with the child.
Enforcement and contempt
When the other parent ignores the schedule, withholds the children or refuses to communicate, a motion for contempt in front of your assigned judge is the remedy. Repeated violations also support a modification.
Unmarried parents and paternity
An unmarried father has no enforceable custody rights until paternity is established and a court order exists. We handle paternity and the custody action together.
Grandparents and third parties
Grandparent visitation and custody by a relative or other caregiver when the parents are unfit or have acted inconsistently with their rights. Timing and standing are everything in these cases. See grandparent rights.
Serving Raleigh and the Triangle
From our downtown Raleigh office we represent parents throughout Wake County, including Raleigh, Cary, Apex, Morrisville, Holly Springs, Fuquay-Varina, Garner, Knightdale, Wendell, Zebulon, Rolesville and Wake Forest, and we regularly handle custody cases in the surrounding counties of Durham, Johnston, Franklin, Harnett and Chatham. Our Raleigh family court resources page has courthouse hours, mediation program contacts and parenting class information for Wake County.
Raleigh Child Custody FAQs
How much does a child custody lawyer cost in Raleigh?
Our attorneys bill hourly at $320 to $600 depending on experience, and the first consultation is a full hour with an attorney. A custody case that settles in Wake County’s mediation program often costs a few thousand dollars in attorney time. A case that goes through a temporary hearing, discovery and a permanent custody trial commonly costs $20,000 to $60,000, and more if a custody evaluation is ordered. Our cost guide explains what drives the number.
How long does a custody case take in Wake County?
Longer than the local rules suggest. The rules set goals of 30 to 45 days for a temporary custody hearing and about six months for a permanent order, but Wake County’s family court calendar is heavily booked. In our experience a temporary hearing can take several months to be reached, and a contested custody trial often takes more than a year from filing. Cases that settle at custody mediation can be finished in two to three months, which is one reason mediation deserves real preparation rather than being treated as a formality.
Is custody mediation mandatory in Wake County?
Yes, for every contested custody or visitation case, unless the court waives it for good cause such as domestic violence, child abuse, substance abuse or a parent living far away. Both parents must attend an orientation at the courthouse and then the mediation session. Attorneys do not attend, the county pays the mediator, and the sessions are confidential.
Do I need a lawyer for custody mediation?
Your lawyer does not sit in the mediation room, but you should talk to one before you go. The parenting agreement that comes out of mediation becomes a court order, and the terms you agree to on schedules, holidays, decision making and relocation are hard to change later. We prepare clients for mediation and review the draft agreement before anyone signs.
Does Wake County favor mothers in custody cases?
No. North Carolina law prohibits any preference based on a parent’s sex, and Wake County judges order shared and equal schedules for involved fathers routinely. The parent who has been doing the day to day caregiving starts with an advantage regardless of gender.
Can I get emergency custody in Raleigh?
Only when a child faces a substantial risk of bodily injury or sexual abuse, or a substantial risk of being removed from the state to evade the court. A Wake County judge can enter an emergency order the same day without notice to the other parent, with a return hearing within ten days. Ordinary disagreements about schedules do not qualify.
What if the other parent lives outside Wake County?
The case is generally filed in the county where the child lives, and the court’s jurisdiction depends on where the child has lived for the past six months under the UCCJEA. If the child lives in Wake County, the case belongs here even if the other parent is in Durham, Charlotte or another state. We handle out of county and out of state parents regularly.
Can my child choose which parent to live with?
There is no age in North Carolina at which a child decides. A Wake County judge may consider the preference of a child mature enough to express a reasoned one, usually a teenager, and may speak with the child privately, but the judge makes the decision based on the child’s best interests, not the child’s wish.
Learn More
Talk to a Raleigh Child Custody Lawyer
One hour with an attorney at our Fayetteville Street office, a block from the courthouse. Call (919) 372-3670 or schedule online.
