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Litigating Child Custody Cases, Part 2

In Part 1 of Litigating the Child Custody Case we discussed the fact that child custody cases are numerous in the North Carolina court system and include some of the most difficult decisions that judges have to make. This article will discuss some of the preparation needed to make a persuasive child custody argument in court. Preparation for a child custody trial begins by learning the law. North Carolina General Statutes sections 50-13.1 through 50-13.9, and Chapter 50A of the statutes, provide the blueprint for trial court judges and lawyers in all child custody cases. Important case law decisions should be reviewed long before the trial date, and those decisions can be found in law school libraries throughout the state. The importance of knowing the law cannot be overemphasized, and it is this factor that makes hiring a lawyer a great strategic advantage. After leaning the law, child custody litigants should be prepared to describe the case to a judge in a way that provides context and helps the judge make a fair decision in the best interest of the children. How the parents met, when and where they married, when they had children, what they named the children, and whether they have children from other marriages provide foundational information for the judge. Other important information would include employment history, educational background, medical history (including mental), and the type of home environment each party grew up in.

Call the Law Office of John P. Fernandez if you have questions or need legal representation in a family law matter. John Fernandez is licensed to practice law in North Carolina. The laws of North Carolina may differ from other states and no information contained herein should be considered legal advice.

About John Fernandez

John P. Fernandez | Child Custody and Divorce Lawyer | Raleigh, NCAttorney John Fernandez works with North Carolina individuals and families who need advice or representation in estate planning and administration matters. John provides an in-depth analysis of each client’s needs and works toward reducing estate taxes, avoiding probate and ensuring that health care decisions are handled appropriately. John helps individuals with modest and large estates achieve their goals.


John P. Fernandez
Attorney at Law
9555 US Highway 15-501 North
Chapel Hill, NC 27517
(919) 601-5028

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