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At McKnight Law, we have decades of experience helping clients navigate custody, support, and separation issues in Wake County and surrounding areas. Below are answers to common questions about child custody, post-separation support, and divorce in North Carolina.
Yes. Conversations with a family law attorney are confidential, even during an initial consultation.
At McKnight Law, we begin consultations by explaining attorney-client confidentiality and privilege. The purpose of that protection is to allow you to speak openly and honestly about your situation so you can receive accurate legal advice.
In most situations, your spouse, partner, or ex will not know that you contacted an attorney unless you choose to tell them or legal action is formally filed. We often discuss ways you can protect your digital communications with us to ensure privacy.
After we talk, even if you decide not to hire our firm, our conversations remain private. We still cannot and will not disclose what you shared with us without your permission.
Family law matters are deeply personal, and trust is an essential part of the attorney-client relationship. We take that responsibility seriously.
Child custody cases begin when one parent files a Complaint for Child Custody. The court shall, pursuant to the custody statute, first schedule a temporary hearing, followed by a permanent custody trial if the parties cannot reach an agreement.
Judges decide custody based on the “best interest of the child” standard. There is no automatic preference for mothers or fathers in North Carolina.
The court evaluates many factors, including:
The judge considers the totality of the circumstances to promote long-term stability for the child.
Temporary custody is a short-term order entered early in a case. It is designed to provide structure and stability while the litigation continues.
Temporary hearings are shorter, often subject to strict time limits, and more narrowly focused than permanent custody trials.
Post-separation support (PSS) is temporary financial support paid by one spouse to another after separation but before divorce is finalized.
It is available when:
One spouse is actually substantially financially dependent, and
The other spouse has the ability to pay.
To qualify, the court must find:
Detailed financial disclosures related to dependency and ability to pay are required from both parties.
Post-separation support (PSS) is temporary. It typically lasts until:
PSS does not automatically continue forever.
If both parties agree on an amount, court involvement may not be necessary.
If there is no agreement, a formal claim must be filed and scheduled for hearing in North Carolina.
Temporary hearings are often scheduled within approximately 60 days after filing.
Permanent custody disputes may take several months to make it to trial, depending on:
If your spouse refuses to provide financial documents or delays scheduling, the court can compel compliance.
Family law cases require financial disclosure and adherence to local rules.
You are not required to hire an attorney, but family law cases involve:
This is a serious time in your life. It’s critical that you feel comfortable with the person you choose to guide you through it.
Finding yourself in need of a family law attorney is one of the more consequential things you’re ever going to go through. The decisions made during custody or support litigation, negotiating a separation agreement, or seeking a resolution in mediation can affect your children, finances, home, and future for years. You should feel confident your lawyer knows what they’re doing with the law — but you should also be able to actually talk to them about the ways your life is being affected.
At McKnight Law, we take the attorney-client relationship seriously because trust is paramount. In order for us to give you the best advice possible, we need you to truly believe you can be open and honest about what’s going on. That only works if you feel comfortable with your attorney.
Some clients want a lawyer who is direct and practical. Some want someone more analytical. Many clients need someone to talk to. And some people may decide they would prefer to work with a different firm — and that is okay too. Finding the right fit matters.
We often tell clients: it’s entirely understandable if you don’t feel good about the situation you are in – very few people find any enjoyment in this process – but you should feel confident in the lawyer guiding you through it.
When evaluating a family law attorney in Wake County, people often consider:
You are trusting someone to help guide the course of your life during a difficult season. That relationship matters.
