Child Custody Lawyer in Durham

Looking after your children welfare

Defining the custody of a child could be one of the most difficult aspects of a divorce. Your decision should always try to work towards the welfare of your kids. However, it may be very difficult for you to identify what is best for the future of their children while you go through a separation. That is why you need adequate legal advice to find the best solution in your child custody case. Our lawyers at Velasquez & Associates will explain to you what your options are, always keeping in mind the best interest of your children.

I want custody of my children but I have never been legally married

We can also help you. Regardless of your marital status, both parents have rights and responsibilities. Our family lawyers have worked on many cases in which couples had children out of wedlock and now they need to reach a child custody agreement.

Call our child custody lawyers at

Hablamos Español

At Velasquez & Associates, our family lawyers are ready to help you answer all the questions you may have about your child custody case. We are committed to looking after the best interests of our clients and their children. We are the number 1 choice for Latino Families in the Durham area who are in need of legal assistance in Spanish.

Legal custody and physical custody

Physical Custody

The parent who has the child most of the time has the child’s physical custody. The other parent, spending less time with the child, has visitation rights or secondary custody. In many cases, parents choose joint custody, where children spend half the time with one parent and the other half with the other.

Legal Custody

The parents have joint legal custody when both share the custody of their children and both are involved in making decisions about raising their children. Parents should consult each other to decide on the education, healthcare, and religion of their children. If there is any evidence that a parent can not take care of the children, the other person can obtain legal custody of their children. This means that a parent can make important decisions about their children without consulting with the other parent.

What is in the best interest of the children?

The child’s parents can reach an agreement between themselves, or they may instead allow a mediator to help them find a suitable child custody arrangement. There are several aspects that can be considered to help determine what is the best interests of the children. Our family lawyers always explain the options available, which will allow you to make decisions thinking about what is best for your children. You must request child custody based not only on what your children want, but also taking into account your availability to care for your children and other factors that should be considered to objectively determine what would be the best agreement for your children. Other factors to consider include:

  • Age, gender, and mental and physical health of the child
  • The health of parents
  • Lifestyle and other social factors of the parents
  • The emotional ties between parent and child
  • The ability of parents to provide food, protection, clothing and medical care
  • The quality of schools in the area
  • The preference of the child when it has more than 12 years old
  • The ability and willingness of the parent to foster a healthy relationship between the child and the other parent

Visitation Rights

The parent who does not have physical custody of the child usually receives visitation rights, which allows the child and the other parent to spend some time together. Visitation schedules can be determined by both parents or it can be set by the court. If there is a court order determining visitation, the order must be obeyed. If you have questions or want to discuss your child custody or visitation case, please contact our family lawyers in Durham at 919-765-5645.

Family Law Services in Durham, NC

Velásquez & Associates can help you with your child custody case. With us, you have the opportunity to find a way to get the best solution for you and your children. We serve Latino families across North Carolina, including the Triangle area, Durham, Raleigh, Chapel Hill, Cary, Holly Springs, Apex, Zebulon, Knightdale, Garner, Wilson, Clayton, Benson, Smithfield, Selma, Goldsboro, Henderson, Oxford, and Hillsborough.

Questions and concerns

For a confidential consultation to discuss your particular situation with one of our attorneys, please contact Velasquez & Associates at any of our offices.


  • Durham: 919-765-5645
  • Raleigh: 919-838-2883,
  • Charlotte: 704-900-2430