Custody

One of the most hotly litigated issues that can arise during a divorce is child custody and visitation. North Carolina law provides that custody determinations are to be made in the best interests of the child. No presumption exists between a mother and a father as to who better promotes the best interest of the child.

Gailor, Wallis & Hunt represents both mothers and fathers. We can help with any custody dispute and work with our client to ensure that the best interest of the children is served. GWH offers a holistic approach to custody disputes which seeks to resolve the contested issues without the need for litigation if at all possible consistent with the client’s objectives. This approach utilizes the expertise of other professionals such as child psychologists, social workers and others who can address the physical, mental and developmental needs of the children involved in the custody dispute. But when custody and visitation must be tried in a courtroom, the attorneys of Gailor, Wallis & Hunt are experienced and highly skilled in custody litigation which requires detailed investigation, preparation and presentation in court.

The attorneys of Gailor, Wallis & Hunt adhere to the Bounds of Advocacy promulgated by the American Academy of Matrimonial Lawyers regarding the involvement of children in contested custody matters. These provisions are as follows:

1. An attorney representing a parent should consider the welfare of, and seek to minimize the adverse impact of the divorce on, the minor children.
2. An attorney should not permit a client to contest child custody, contact or access for either financial leverage or vindictiveness.
3. When issues in a representation affect the welfare of a minor child, an attorney should not initiate communication with the child, except in the presence of the child’s lawyer or guardian ad litem, with court permission, or as necessary to verify facts in motions and pleadings.
4. An attorney should not bring a child to court or call a child as a witness
5. without full discussion with the client and a reasonable belief that it is in the best interests of the child.
6. An attorney should disclose information relating to a client or former client to the extent the lawyer reasonably believes necessary to prevent substantial physical or sexual abuse of a child.
7. An attorney should not make or assist a client in making an allegation of child abuse unless there is a reasonable basis and evidence to believe it is true.