Fathers’ Rights

Guidance For Fathers Concerned About Custody And Visitation

Often we consult with fathers who feel like they do not have the same rights as the mother of their child or children. Many fathers believe that they have to pay child support, and if the mother of the child or children does not want to let them see the children then they have to abide by her wishes.

Fathers have the same rights as mothers when it comes to custody. Both the Supreme Court of the United States and our North Carolina Supreme Court have recognized that under the Equal Protection Clause of the Constitution each parent has equal rights, even when it comes to custody. In fact, most family therapists agree that children need both parents to help provide a balanced and well-adjusted life.

Experienced Fathers’ Rights Attorney To Help You

The father does not need to be married to the mother to have certain rights such as custody, visitation or even sole custody. Regardless of whether you are separating from your partner, getting a divorce or never had a long-term relationship, we can help secure your rights for custody or visitation with your child.

A father’s rights can be established by one of two different ways: Separation agreements or parenting agreements, or through a court-mandate, will establish the paternal right to visitation or custody. We always try to resolve things through parenting agreements first for several reasons:

More control and input into the visitation and custody schedule and arrangement
Keeps judges and courts from making arbitrary decisions
More cost-effective and saves resources that would be used in litigation
Typically keeps parties on more friendly terms than if the case went to court

For these reasons our first and primary goal is to create a parenting agreement that works for you and the other party. At the end of the day, it is your child or children whom we are trying to protect, as well as your rights, and usually the best way to achieve both goals is through a parenting agreement.

If the situation and circumstances require it, we are always prepared and ready to litigate the case in court if the other party is not cooperative in providing what we believe is a fair custody or parenting agreement. When the obstacles and barriers require strong and fierce representation we are there for you and your family.

Handling Assault And Battery Defense For Waynesville And Surrounding Areas

Assault in North Carolina is typically classified as an imminent threat of harm or contact to another person. Physical touching is not required.

An individual could face simple assault, which involves simple threats, or felony assault, which typically involves a deadly weapon.

Depending on the situation, probation or jail time is possible depending on the offense. Often, we see alleged victims falsify charges against you because they want something or to take vengeance because they feel wronged. Let us take your case to trial if needed, do not settle and plead guilty.

Understanding Battery In North Carolina

Unlike assault, a battery charge typically involves physical contact. It is the “unlawful act of physically harming or offensively touching a person.”

For battery, jail time is likely and like assault the length will depend on the offense.

Defense Against Domestic Violence Offenses

In certain instances, assault and battery offenses could be classified as domestic violence if the incident involved individuals with a “personal relationship,” such as spouses, partners, parents and children or individuals who reside together under the same household.

Domestic violence cases often have 48 hour holds – this means that you will not be released with a written promise to appear in court until after 48 hours has elapsed. If you have been charged with Domestic Violence you need a skilled trial attorney to help you. Often we see domestic violence cases overlap with Domestic Violence Protective Orders (DVPO) which is a civil restraining order based on North Carolina General Statute Chapter 50B. This means that if you have both a domestic violence criminal charge and a DVPO you may have two different cases at once. We can help and have seen it all. Don’t settle and don’t plead guilty until you’ve had a free consultation with us.

Attorneys To Defend Against Your Assault And Battery Charges

At Nielsen Legal, our lawyers have extensive experience handling a wide variety of criminal charges for Waynesville, Asheville, Sylva and surrounding communities, including those involving both misdemeanor and felony assault and battery offenses and domestic violence charges.

Call 828-246-9360 if you are seeking an experienced attorney who will rigorously defend against your charges and mitigate the consequences you could face. You may also contact us online.