Family Law Attorney

Family law is a practice area that covers a broad spectrum of issues such as child custody, separation agreements, and simple divorce. Problems pertaining to families are sensitive and emotionally draining to everyone involved. Family crises can make you feel like your world is crumbling around you. The process of dealing with such intense circumstances can make it challenging to make beneficial decisions for your future. Couple that with an unfamiliar judicial process, it can become overwhelming. You do not have to face family law matters alone. Having experienced legal counsel by your side can help keep you be protected through the legal process and ensure you have proper legal representation. Family Law Attorney Brad H. Ferguson understands these complicated situations. He will work to help you achieve your goals and defend your legal marital and parental rights.

 

 

Brad has been a successful family lawyer since he began practicing law in 2005. He will give you an honest assessment of your situation and help you weigh all of your options with your best interests in mind.

 

Attorney Ferguson concentrates in the following areas of Family Law:

Child Custody

Unfortunately, when a marriage or long-term relationship dissolves, children are often left in the middle. Child custody disputes are among the highest emotionally charged disagreements out there, which is why they are commonly litigated to the court.

 

Child custody refers to the responsibilities and rights of parents concerning their minor children. Legal custody refers to the ultimate decision-making abilities for a child dealing with medical, religious, educational, or other significant decisions that will have a life-long impact. Physical custody refers to where the child resides.

 

 

All child custodial disputes are sent to mediation to attempt to settle them out of court first. However, not all can be resolved in this manner. Once the mediator has determined that the parties cannot agree, it is then sent back to the court for a judge to decide on custody or visitation rights.

 

 

A judge will take into account many factors in making their decision for what is best for the child, such as parent’s abilities to provide physical, mental, and emotional needs for a child; each parent’s ability to care for a child in a home environment; and the parent’s availability to the child.

 

Having a trustworthy lawyer, such as Brad H. Ferguson,  during this process can help you traverse these stormy waters and reach the best possible outcome.

When it comes to children, their safety is of the utmost importance. If they are in immediate harm, action needs to be taken quickly. In North Carolina, grounds for an emergency custody order can be initiated if a child is exposed to a substantial risk of bodily injury, sexual abuse, or is at risk of being removed from the state of North Carolina.

 

Emergency custody situations are a challenging topic to address because they can revolve around issues such as substance abuse, domestic violence, abduction, and sexual abuse. The court takes these circumstances very seriously. If you find yourself in a position where are you are dealing with this type of custody issue, seek legal counsel immediately.

Emergency Custody

Child Support

Divorce and the dissolution of relationships are tumultuous times, especially when minor children are involved. The purpose of child support is to meet a child’s reasonable monetary needs for maintenance by a non-custodial parent.

While child support can be agreed upon outside of the courtroom, it can often not be resolved. When this happens, North Carolina Child Support Guidelines will be used to calculate the appropriate amount ordered. If you are concerned about the amount that has been ordered or have other legal questions surrounding this issue, seek a competent family law attorney such as Brad Ferguson.

Troubles can assail a marriage, and a couple may decide to legally separate or divorce. In North Carolina, a couple must be separated for one year before they can file for divorce. Although, some choose to remain separated and never go through the process of legally terminating their marriage through divorce. This could be because of religious beliefs, financial situations, or cultural implications.

 

 

If a couple chooses to remain separated, it can be beneficial to draft a legal separation agreement that will detail each party’s rights and responsibilities in the relationship. It is important to note that a separation agreement means that you are still married and cannot legally marry someone else during this time.

 

 

On the contrary, an absolute divorce is the legal termination of a marriage. As stated, the parties must be separated for one year before they can petition the court with their request. North Carolina is a “no-fault” state, which means that you do not have to offer proof of misconduct to file.

 

Nevertheless, the decision to end a marriage, whether by separation or divorce, is a difficult decision to make. The stress that this decision induces can cloud your judgment, but you do not have to go it alone. It is vital to seek the advice of a seasoned divorce lawyer at this time to assist you in planning for your future and protecting your rights and property.

Divorce and Separation Agreements

attorney at law

Brad H. Ferguson

No family is perfect and legal issues can arise that can leave you feeling besieged and lost in the judicial system. Before you make any life-altering decisions concerning your relationship or your children, reach out to a skilled family law attorney to guide you through the process. If you would like to schedule a consultation with a lawyer who cares, contact us here.

DUI Charge in NC

Facing DUI in NC: What You Need to Know

Facing DUI charges in North Carolina? Attorney Brad Ferguson provides essential insights and defense strategies from Waynesville, NC. Understand DUI laws, the impacts of charges, and the critical role of legal representation. Discover steps to mitigate consequences and secure expert guidance. Contact Brad Ferguson for dedicated DUI defense and personalized legal support.

Read More »