Family law
Child Support Lawyers
Experienced Child Custody Attorneys
At Simmons and Hill Legal Group, we understand the emotional complexity and legal intricacy surrounding child custody cases. Our dedicated team of experienced child custody attorneys in Fayetteville, NC is here to guide you through every step of the process. Our aim is to ensure your rights are protected and your children’s futures are secure.
Contact us today for a consultation and start the journey to a resolution that respects your family’s unique needs.

Navigating child custody and visitation arrangements can be one of the most challenging aspects of a family separation. It can be emotionally draining and complex to face the uncertainty and conflict that can arise when trying to agree what’s best for your children.
Without the right legal guidance, you risk outcomes that might not align with your children’s best interests or your rights as a parent. Whether it’s struggling with joint legal custody decisions, the nuances of physical custody, or ensuring your visitation rights are honored, the stakes are incredibly high.
Advocating for your rights as a parent in the legal system can seem overwhelming, especially when you’re trying to also manage the emotional well-being of your family.
We’re here to help alleviate the turmoil you’re facing. Our experienced child custody attorneys are well-versed in North Carolina’s custody laws, from understanding the distinction between legal and physical custody to navigating the complexities of an out of state parent.
We’re committed to advocating for your parental rights while focusing on what’s truly best for your children. We work to help you achieve a resolution that brings peace and stability to your family.
Tailored Child Custody Solutions for Your Family
At Simmons and Hill Law Group, we understand the pivotal role we play in shaping the future of your family through effective legal representation.
Our comprehensive child custody attorneys in Fayetteville, NC address every possible scenario. Our aim is to meet your needs and exceed your expectations.
- Experienced Guidance: With extensive knowledge of North Carolina’s child custody laws, our attorneys offer unmatched expertise in navigating both straightforward and complex custody disputes.
- Personalized Approach: We recognize that each family is unique, so we tailor our legal strategies to fit your specific situation, ensuring the best possible outcomes for you and your children.
- Commitment to Your Case: Our dedicated team is committed to providing the support and advocacy you need, from initial consultation to final resolution.
- Effective Communication: We prioritize clear and open communication, ensuring you’re informed and involved at every step of the legal process.
Advocacy Rooted in Compassion and Experience
Our team brings together a blend of seasoned experience, compassionate understanding, and a tireless commitment to justice. Our attorneys have a proven track record of success in child custody cases with an ability to handle the complexities of the law.
We approach every case with sensitivity and understanding, recognizing the emotional challenges you face during this time.
Transparency guides our practice with straightforward advice and realistic assessments of your case. We ensure you have the information needed to make informed decisions.
Ultimately, our goal is to achieve the best possible outcome for you and your children. We leverage our legal experience and strategic thinking to advocate for your interests and rights.
Partner with us and find a law firm that not only understands the legal landscape of child custody in North Carolina but also values the importance of family. Let us be your ally in this journey, ensuring your voice is heard and your children’s welfare is prioritized.
Contact us today to start the conversation and learn how we can assist you.

Frequently Asked questions
What are the different types of custody arrangements, and how do they work?
There are several types of custody arrangements parents can explore during custody negotiations:
Legal Custody: This grants a parent the right to make major life decisions for the child, including matters related to education, healthcare, and religious upbringing. Legal custody can be awarded to one parent (sole legal custody) or shared between both parents (joint legal custody).
Physical Custody: This refers to the right to have the child live with you. Like legal custody, physical custody can be sole, where the child lives with one parent and may have visitation with the other, or joint, where the child’s time is divided between both parents’ homes.
Sole Custody: One parent has both legal and physical custody of the child. This arrangement is less common and usually occurs when one parent is deemed unfit or incapable of having a significant role in the child’s life.
Joint Custody: Both parents share legal and/or physical custody of the child. Joint legal custody requires both parents to make decisions together about the child’s upbringing, while joint physical custody involves a schedule where the child spends time living with both parents.
Visitation: This is a form of custody arrangement in which the child primarily lives with one parent (physical custody), but the other parent has the right to spend time with the child according to a schedule set by the court. This term is most often used when the non-custodial parent’s time with the child is limited.
These arrangements aim to serve the best interests of the child, considering factors like the parents’ living situations, relationships with the child, and ability to provide for the child’s needs.
It’s crucial for parents to understand these options as they enter custody negotiations, keeping the child’s welfare as the paramount concern .
What factors do courts consider when making custody and visitation decisions?
The factors courts consider in North Carolina custody decisions include but are not limited to:
- The child’s best interests: Their best interests are the paramount concern in any custody decision. The court considers what will best serve the child’s physical, emotional, educational, and social needs.
- Living arrangements of each parent: The stability, safety, and environment offered by each parent are scrutinized to ensure the child will have a stable home.
- Each parent’s ability to care for the child: This includes evaluating each parent’s physical, emotional, and financial ability to provide for the child’s needs.
- The child’s relationship with each parent: The strength and nature of the child’s relationship with each parent play a crucial role in deciding custody arrangements.
- Any history of domestic violence or abuse: The safety of the child is of utmost importance. Any history of violence or abuse by a parent will significantly impact the custody decision.
These factors aim to ensure that the custody arrangement reflects the best interests of the child, providing a stable, loving, and safe environment for their growth and development.
How does the negotiation process work? What are my rights during negotiation?
The negotiation process in child custody cases involves several key steps and rights for parents navigating this challenging landscape:
Filing for Custody: Any parent can initiate a custody case, regardless of whether the parents are separated, divorced, or were never married. In situations where there is a dispute about the child’s care, obtaining a custody order is a prudent step.
Additionally, non-parents, such as grandparents or individuals who have had a significant role in caring for the child, may also file for custody or visitation under certain circumstances.
The process begins with filing a complaint in the child’s “home state,” defined as where the child has lived for the six months preceding the filing.
Custody Mediation: Before a judge hears the case, it is generally required to go through the Custody Mediation Program. This program aims to help parents reach an agreement on custody and visitation plans with the assistance of a professional mediator.
The mediation process encourages parents to work together to find the best solutions for their children, emphasizing cooperation over conflict.
Legal Representation: While you are not required to hire an attorney for child custody cases, the complexity of these cases often makes legal representation advisable.
Attorneys can provide valuable guidance on presenting your case, including the presentation of witnesses and documents, and understanding your rights and obligations. However, if you choose to represent yourself, you will be held to the same standards as a licensed attorney.
Court Proceedings: If mediation does not result in an agreement, the case proceeds to court, where a judge will make the final custody determination.
The judge’s decision is based on the best interests of the child, considering factors like the parents’ living arrangements, each parent’s ability to care for the child, and the child’s relationship with each parent.
Modification of Custody Orders: Custody orders are not set in stone and can be modified if there’s a substantial change in circumstances that affects the child.
For temporary custody orders, another hearing can be scheduled to review the order.
For permanent custody orders, a Motion to Modify must be filed, demonstrating the significant changes in circumstances that necessitate an adjustment to the custody arrangement.
Throughout this process, your rights include the right to file for custody, the right to attempt mediation, the right to legal representation, the right to present your case in court, and the right to seek modification of custody orders as circumstances change.
Can custody arrangements be modified in the future, and under what circumstances?
Custody arrangements can indeed be modified in the future under specific circumstances. If there is a significant change in circumstances affecting the child since the original or permanent custody order was entered, a parent can file a Motion to Modify the custody order.
The parent must prove in court that these changes are substantially impacting the child in a manner that necessitates modifying the original custody arrangement to better serve the child’s best interests.
For temporary custody orders, a parent can schedule another hearing in their case without the need to file additional motions, although filing a motion may be advisable in some cases. This flexibility is designed to ensure that the custody arrangement continues to reflect the best interests of the child as circumstances evolve.
Custody orders from other states are valid in North Carolina. However, if you have moved to North Carolina and wish to enforce or change an out-of-state custody order, you must first register the order in North Carolina.
This process is part of ensuring that the child’s welfare remains protected and that any custody arrangement is subject to review and modification based on the child’s changing needs and circumstances.
What can I expect if I work with you?
We begin with a comprehensive consultation to thoroughly understand your specific custody concerns. This allows us to tailor our approach directly to your needs.
Following this, we engage in strategic negotiation to reach amicable custody and visitation agreements that serve the best interests of your children and respect your rights as a parent.
For cases requiring judicial intervention, we provide diligent representation in court, advocating strongly on your behalf.
We also offer assistance with modifying existing custody orders to reflect changes in your circumstances, ensuring that your custody arrangements remain relevant and beneficial over time.
Additionally, we provide guidance on special situations, including how to navigate emergency custody orders and issues that uniquely affect military families, ensuring that you’re well-supported in every possible scenario.