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Best Family Lawyers in Cary

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Alisa Huffman, MSW. JD logo
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Alisa Huffman, MSW. JD

311 S Academy Street, Cary, NC 27511
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  • Divorce

Business Description

Alisa Huffman, MSW. JD is a law firm that provides services to clients in the Cary metro and the surrounding areas. It takes on family law cases and offers counsel and representation in different legal proceedings, including arbitration, mediation, negotiation, and litigation. It also assists with guardianship matters by advising individuals and families on the responsibilities of guardians, assessing family situations, and producing action plans. In addition to family law, Alisa Huffman, the firm's attorney, takes on estate planning and probate claims.

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Allen & Spence Attorneys at Law logo
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Allen & Spence Attorneys at Law

3737 Glenwood Avenue Suite #100, Raleigh, NC 27612
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  • Domestic Violence
  • Prenuptial Agreements
  • Divorce

Business Description

Allen & Spence, Attorneys at Law, caters to the people of Cary. The office counsels individuals coping with various family issues, including divorce and child custody and support. It evaluates clients' challenges to determine the best approach to handle their cases. While it deals with out-of-court resolutions, the firm's legal team is also prepared to advocate for clients' interests in court when appropriate. Since beginning his legal career in 1994, Scott Allen, one of the attorneys, has aided hundreds of people in family law matters.

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Averett Family Law logo
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Averett Family Law

101 Conner Drive Suite 402, Chapel Hill, NC 27514
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Business Description

Averett Family Law provides services to clients in the Cary metro and the surrounding communities. It offers legal counsel and representation to people facing family law matters, such as divorce, alimony and post-separation support, marital property equitable distribution, child custody and support, and grandparents' rights. It also handles cases involving prenuptial agreements. Its other practice areas include estate planning and personal injury. Melissa Averett, the managing attorney, has been practicing law for over 20 years.

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Hopper Cummings, PLLC Attorneys and Counselors at Law logo
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Hopper Cummings, PLLC Attorneys and Counselors at Law

82 South Small Street, Pittsboro, NC 27312
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  • Domestic Violence
  • Child Custody
  • Divorce

Business Description

Hopper Cummings, PLLC, Attorneys and Counselors at Law, provides legal services to residents of Cary. It handles family law matters regarding marriage, including divorce and separation, property settlement, spousal support, marital agreements, domestic violence, and alienation of affection. It assists with issues involving children, like support, custody, visitation, and adoption. The firm also helps with estate planning and administration. One of its partners, Marie Hopper, is a Certified Family Financial Mediator who has been in practice since 2004.

Law Office of Brennon Morton, PLLC. logo
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Law Office of Brennon Morton, PLLC.

2530 Meridian Parkway, Durham, NC 27713
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  • Domestic Violence
  • Divorce

Business Description

The Law Office of Brennon Morton, PLLC., is a private practice serving the residents of Cary and the surrounding areas. It provides legal assistance for uncontested divorce proceedings, resolving issues such as the division of marital assets, child support, and alimony. It also helps establish child custody and visitation schedules. The firm also handles other matters regarding family law, such as protection from domestic violence. Principal attorney Brennon Blake Morton has been practicing law for more than six years.

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Law Offices of Kathleen Murphy logo
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Law Offices of Kathleen Murphy

16. N. Boylan Avenue, Raleigh, NC 27603
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  • Domestic Violence
  • Divorce
  • Asset Distribution

Business Description

The Law Offices of Kathleen Murphy handles family law matters for clients throughout Cary and the surrounding locations. The firm has been dedicating a large amount of its practice solely to divorce and family law for over 30 years, taking on cases involving property and pension division, separation agreements, child custody, domestic violence, and family support. Murphy is also a trained mediator who can assist couples in resolving legal disputes with the use of neutral counsel.

McDavid Law PLLC logo
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McDavid Law PLLC

6300 Creedmoor Road Suite 170-279, Raleigh, NC 27612
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  • Divorce

Business Description

McDavid Law, PLLC, enforces the rights of Cary-based clients in various proceedings related to family law. Its team is headed by Andre Truth McDavid, who helps families overcome complex disputes and reach impartial outcomes in divorce cases, child custody discussions, and support agreements. He also represents the victims of domestic violence and abuse as they file protective and no-contact orders against their spouses. Outside of his legal work, he mentors individuals and judges mock trial competitions as part of his involvement in the local community.

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Monks Law Firm, PLLC logo
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Monks Law Firm, PLLC

3824 Barrett Drive, Suite 308, Raleigh, NC 27609
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Business Description

Monks Law Firm, PLLC, represents clients in the Cary community. It develops strategies that help people with their family law-related disputes. In addition, the firm has other areas of practice, which include immigration, traffic ticket defense, wills, and criminal law. Monks Law Firm has bilingual staff that speak fluent English and Spanish. Founding attorney Robert Stephen “Steve” Monks has been practicing law for more than 30 years. He has tried over 150 jury cases and is an author of published legal texts.

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Wake Family Law Group logo
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Wake Family Law Group

4350 Lassiter at North Hills Avenue, Suite 360, Raleigh, NC 27609
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  • Child Custody
  • Divorce

Business Description

Wake Family Law Group provides customized representation to its clients in Cary. Its attorneys handle divorce, marital agreements, domestic violence, adoption, child custody, and marital estate division. In legal partnership and parentage disputes, WFLG also represents same-sex couples and LGBTQIA+ clients. Michael F. Schilawski, one of the firm's partners, has been certified as a specialist in family law by the North Carolina State Bar Board of Legal Specialization and as a family financial mediator by the North Carolina Dispute Resolution Commission.

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Frequently Asked Questions

What kinds of cases do family lawyers handle?

Family lawyers handle all types of family-related issues, including divorce, child support and spousal support, custody, adoption, paternity and guardianship. Family attorneys can also handle prenuptial and postnuptial agreements and divide marital assets based on the policies outlined in these documents. Domestic violence cases are also within the purview of family law attorneys.

Is family court different from district court?

In most states, family court is a division of the district court rather than a separate court system. Family law judges primarily preside over family disputes, such as divorce and custody hearings. Most states require family law judges to receive special training on how to best address family law matters.

How long do custody cases last in family court?

The duration of custody cases can differ based on the circumstances surrounding the claim. A case in which parents agree to split custody can be quick, while lawsuits in which both parents or guardians are fighting for full custody can take much longer. Most child custody cases last three to 10 days, but this can vary under more challenging circumstances.

Why is there no jury in family court?

There are no juries in family court cases because the concept of innocence or guilt does not apply. While there may be some cases in which additional opinions could be helpful, most cases are based on the letter of the law versus individual circumstances. Some states, including Texas, permit jury trials for family court cases, but this is uncommon.

What are the most common cases in family court?

Family law covers a variety of different cases pertaining to familial relations. The most common cases in family court include:

  • Divorce cases, including settling issues of alimony, property distribution, and child care
  • Child custody and the determination of paternity
  • Domestic violence protection orders
  • Name changes, including modifications due to adoption or personal preference
  • Guardianship, including who will handle the care of a child or adult should current caretakers be unable to do so
  • Adoptions and the termination of parental rights
  • Juvenile matters, including child abuse and neglect, foster placements, and criminal conduct
  • Emancipation, which is the process of declaring a minor as independent from their parents
  • Approval of underage marriages

Do family lawyers handle mediation?

Mediation can be a valuable part of a divorce case, counseling spouses to work through areas of disagreement in a fair, calm, and unbiased manner. Most, but not all, family lawyers handle mediation. Anyone who believes they may need intervention services is encouraged to ask about an attorney’s experience with resolving disputes, to ensure that support is available if necessary.

What is family law?

Family law is an area of legal practice that places a special focus on issues concerning families. Common areas of family law include separation of assets and potential alimony arrangements during a divorce, child custody and child support mediation between estranged or divorced parents, paternity cases, and matters of adoption. Family lawyers not only oversee mediation during disputes over things like child support and custody arrangements, but they also represent parties' interests when family matters are dealt with in court.

What is a custodial parent?

When two parents do not live together with a child, one will be named as the custodial parent. The designated parent—or other guardian if both biological parents are deemed unfit—will have precedence in any legal decisions made concerning the child's life, including education and other matters of the child's welfare. The other parent is referred to as the noncustodial parent.

What is sole custody?

When a child lives with one parent full time after a divorce or a legal separation, that parent has sole custody. This parent will be fully responsible for providing basic necessities for the child's well-being, including food, shelter, and clothing. The alternative is joint custody, in which both parents share physical custody of the child, based on a predetermined legal arrangement.

While they may sound the same, sole custody is not identical to full custody. In full custody, the noncustodial parent may have visitation rights, while in sole custody, they do not. A court would rule that a parent has sole custody rather than full custody when only one parent is deemed fit to act in the best interests of the child.

What is joint custody?

Joint custody is a preset arrangement that occurs after a marriage is dissolved. In joint custody, a child lives with their custodial parent for certain days or weeks and their noncustodial parent for the remainder. The custody arrangement may be decided in a hearing, but if two parents come up with a suitable agreement on their own, the court will likely accept it.

What makes a good family lawyer?

There are a number of characteristics to look for in a good family lawyer. The first is experience. An experienced family law attorney will understand the right steps to take to come to an equitable resolution that reflects the best interests of the family, often without going to court. The ability to communicate and act as an intermediary between parties in a dispute is important, whether it concerns a divorce, custody, paternity, or something else. Family legal disputes can be stressful to manage, especially when mediation and finding a common ground is involved. A good family lawyer is also available as a resource to help their client navigate a difficult situation in a way that won't harm their chances for a positive resolution.

How can a mother lose custody of her child?

A mother could lose custody of her child if she's deemed unfit to provide or take proper care of them. This decision often comes as a result of the mother being unable to provide a safe home or take care of a child's basic needs. It can also come from a mother abusing the child or neglecting them, abusing drugs and alcohol, or frequently being arrested.

In any of these cases, the state can revoke custody from the mother, citing details learned through home visits, interviews, court records, and a variety of other sources as the reasons. In this case, sole custody would be given to the other parent, if he/she is able.

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