Child Custody Lawyer in Burlington, NC
Burlington is the largest city in Alamance County, and a meaningful share of the custody complaints filed in Graham each year start with a Burlington parent calling our office. Some are scared. Some are angry. Almost all of them want the same thing first: an honest answer about what is going to happen next.
That is what we try to give in the first conversation. I will tell you what is realistic in your situation. I will tell you the worst-case scenario and the best-case scenario. Then you decide whether you want us involved.
Quick Answer for Burlington Child Custody Clients: If you are a Burlington parent in a custody dispute, your case will be filed and heard in Alamance County District Court in Graham. Civil matters, including custody, are handled at the courthouse complex centered on 1 Court Square, with most family law hearings held in the Civil Courts Building (still known to many locally as the Courthouse Annex) at 126 W. Elm Street. North Carolina decides custody under a single legal standard: the "best interest of the child," set out in N.C. Gen. Stat. § 50-13.2. Before a judge will hear contested custody, both parents are required to attend court-ordered mediation through Alamance County's program, reachable at (336) 570-5214.
How does a judge decide child custody in Burlington, NC?
Short Answer: A judge considers all relevant factors, makes written findings of fact, and enters an order. Hearings take place in Alamance County District Court in Graham. There is no presumption favoring either parent.
Custody for Burlington families is decided in Alamance County District Court under the best-interest standard, with hearings held at the courthouse complex in Graham.
Some of the factors a judge weighs when deciding the best interest of the minor child:
The current parenting schedule between the parties
The age of the child or children
How far the parents live from each other
Each parent's history of caregiving and involvement
Each parent's mental and physical health
Any history of domestic violence between the parties
The child's adjustment to home, school, and community
The child's relationship with each parent and with siblings
Child custody is not about what is in the best interest of parents. It is about what is in the best interest of the child. That sentence is the rule the judge is going to apply, whether you like it or not.
What that means in practice is that your reasons for being upset with the other parent, however valid, are not the question the court is trying to answer. The question is whether the child is safe, supported, and stable with each of you. Just because he/she is a bad spouse does not mean he/she is a bad parent, and a judge is going to want to see the difference.
The cases that go sideways fastest are the ones where a parent walks in convinced the goal is to prove the other parent wrong. The goal is to show the judge what works for the child.
Where do I file a child custody case in Burlington?
Short Answer: Burlington parents file custody complaints in Alamance County District Court at the courthouse in Graham. The Clerk of Superior Court can be reached at (336) 570-5200. Alamance County sits in North Carolina's Judicial District 15A.
Burlington custody complaints are filed with the Clerk of Superior Court in Graham and heard in District Court at the courthouse complex.
What happens after a custody complaint is filed:
The complaint is filed with the Clerk of Superior Court
The other parent is served with a copy of the complaint and a summons
Both parents are referred to court-ordered custody mediation
If mediation does not resolve custody, a temporary hearing may be scheduled
The case proceeds to a permanent custody hearing before a District Court judge
Most Burlington parents do not realize that the first formal step after filing is not a courtroom hearing. It is mediation. North Carolina requires it for any contested custody case, and the Alamance County Child Custody and Visitation Mediation Program runs it locally. You can find more information through the North Carolina Judicial Branch.
Plan for a half-day. If you and the other parent reach an agreement, that agreement becomes a court order. If you do not, the judge takes over.
What is the difference between legal custody and physical custody in North Carolina?
Short Answer: Legal custody is the right to make major decisions for your child, including education, healthcare, and religion. Physical custody is where the child lives day to day. North Carolina judges often award joint legal custody to both parents while assigning primary physical custody to one.
Under the statute, a Burlington custody order can grant joint custody, exclusive custody to one parent, or a mix of legal and physical arrangements.
Legal custody versus physical custody, in plain terms:
It is important to know those differences before you walk into court. A parent can have joint legal custody and almost no physical time with the child. Another can have most of the physical time and no legal say in major decisions.
Most of the orders that come out of Graham split it down the middle: joint legal, with one parent designated as primary physical custodian and the other receiving a defined visitation schedule. There is no presumption in favor of a 50/50 physical schedule in North Carolina. A schedule has to make sense for the child, not just feel fair to the parents.
Do Gibsonville parents have to attend custody mediation before going to court?
Short Answer: Yes. In Alamance County, both parents in a contested custody case are required to attend court-ordered mediation before the case is heard. The program operates under Judicial District 15A local rules. Reach the Custody Mediation office at (336) 570-5214.
Mandatory mediation in Burlington custody cases is governed by the local rules for District 15A.
What to expect at custody mediation:
A neutral mediator employed by the court system, not by either parent
A confidential conversation focused on a parenting schedule
No discussion of child support, property, or other issues
Both parents present, in person or by an approved alternative
A written parenting agreement if you reach one
A return to court if you do not
Mediation works better than most parents expect. A parenting agreement built in mediation is almost always more workable than an order a judge enters after a contested hearing. The reason is simple: you built it. You know what it actually means for school drop-off, for holidays, for the summer.
However, not every case is right for mediation. If domestic violence is part of the picture, the rules are different. Talk to an attorney before walking into mediation if that is your situation.
Our Experience with Burlington and Alamance County Custody Cases
Our office is in Graham, a short drive from Burlington. We handle custody and visitation cases in Alamance County every week, and we work under the local rules for Judicial District 15A. The firm has served Alamance County for over 26 years. Ray Griffis previously served as an Assistant District Attorney in Durham County on the Violent Crimes and Homicide Team, and before that as a Staff Attorney with Legal Aid of North Carolina.
Office hours are Monday – Friday, 8:30 a.m. – 5 p.m.. To learn more about the attorneys, visit our About Us page.
Practical Steps for Your Burlington Custody Case
What to do in the first 30 days after you decide to pursue custody:
Write down the current parenting schedule, week by week, as accurately as you can remember
Gather school records, medical records, and any documentation of your involvement with the child
Avoid making major changes to the child's routine or moving the child without the other parent's consent
Save text messages and emails between you and the other parent
Stay off social media when it comes to the case
Talk to a family law attorney before filing anything
What not to do in a North Carolina custody case:
Do not discuss the case with your child or ask the child to choose
Do not deny the other parent court-ordered access, even if you disagree with the order
Do not move the child out of Alamance County without consulting an attorney
Do not assume that what worked in another state will work in North Carolina
Common Myths About Gibsonville Child Custody Cases
MYTH: Mothers automatically get custody in North Carolina. FACT: The statute states there is no presumption favoring either parent. The judge applies the best-interest standard to both parents equally.
MYTH: A child over a certain age gets to choose which parent to live with. FACT: A judge may consider the preference of a child mature enough to express a reasoned opinion, but the child's preference is one factor among many. There is no specific age at which a child decides.
MYTH: A custody order is permanent and cannot be changed. FACT: Under N.C. Gen. Stat. § 50-13.7, a custody order can be modified if there has been a substantial change in circumstances affecting the welfare of the child.
North Carolina Custody Law at a Glance
In North Carolina, custody orders must be entered under the "best interest of the child" standard set out in N.C. Gen. Stat. § 50-13.2.
A North Carolina custody order can grant joint custody, exclusive custody to one parent, or a combination, with terms that best promote the welfare of the child.
An existing order can be modified upon a substantial change in circumstances under N.C. Gen. Stat. § 50-13.7.
Frequently Asked Questions
About Burlington Child Custody Cases
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There is no specific age. A judge in Alamance County may consider the preference of a child who is mature enough to express a reasoned opinion, but the preference is one factor among many. It is never the only factor.
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A contested case in Graham typically takes several months from filing to final hearing. Cases that settle in mediation can resolve faster. Cases with complex facts or multiple hearings can take longer than a year.
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Yes. Custody is decided under the same best-interest standard regardless of whether the parents were married. The factors in the statute apply the same way to unmarried parents.
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You can file a motion for contempt. A judge can enforce the order through fines, makeup time, or in serious cases, jail time. The order is not optional.
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Yes. Under N.C. Gen. Stat. § 50-13.7, you can file a motion to modify if you can show a substantial change in circumstances affecting the welfare of the child. A move, a job change, or a change in the other parent's situation may qualify.
Related Practice Areas and Service Areas
Related practice areas at Doby & Griffis Law:
Family Law in Alamance County: The full picture of our family law practice
Child Custody: Our main child custody overview
Divorce: Custody often arises during or after a divorce
Domestic Violence: Protective orders and custody concerns
Spousal Support: Post-separation support and alimony
Child custody service areas near Burlington:
Talk to a Burlington Child Custody Lawyer
If you are a Burlington parent and you need help with a custody case, call our office. We will tell you what is realistic. We will tell you what we can do and what we cannot do. Then you decide whether you want us involved.
Doby & Griffis Law 110 W. Elm Street, Graham, NC 27253
Phone: (336) 221-8900 Email:julian@dobygriffislaw.com
Hours: Monday – Friday, 8:30 a.m. – 5 p.m.
Legal Disclaimer: This page provides general information about child custody law in North Carolina and Alamance County. It is not legal advice. Every case is different, and the result of any case depends on the unique facts and circumstances.
Reading this information does not create an attorney-client relationship between you and Doby & Griffis Law. For advice about your specific situation, contact a licensed North Carolina attorney.
Past results do not guarantee a similar outcome in any other case.