North Carolina Divorce Lawyers BlogCustody cases can move quickly when a judge believes a child’s relationship with a parent may be jeopardized, and that can be stressful for everyone involved. But even a huge change in custody isn’t always the final say on a case.
Search Results for: temporary custody order
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When Does a Temporary Custody Order Become Permanent?
Child custody disputes are among the most common family law matters in court. Yet, due to the sensitive nature of the relationships and the complexity of the law, these cases can yield very different outcomes depending on the smallest details.
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When Does a Temporary Custody Order Become Permanent in North Carolina?
Courts in North Carolina often enter temporary orders on child custody because time is of the essence in such an important issue. These temporary orders must be followed until the court makes a final ruling, but temporary and permanent orders are handled differently in terms of requesting changes. Is returning to court for a final […]
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Permanent vs. Temporary Custody Orders on Appellate Review (King v. Giannini-King)
King v. Giannini-King, 784 S.E.2d 237 (N.C. Ct. App. 2016). Facts: In October 2001, Plaintiff (father) and Defendant (mother) were married and then separated, about seven years later, in early June 2008. Two minor children were born to the parties’ marriage. After the separation, Defendant relocated with the minor children. Subsequently, to Defendant’s relocation, Plaintiff […]
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Temporary or Permanent Orders in North Carolina Child Custody Cases – King v. King
In any divorce, custody cases can be extremely complicated. While we want to believe that most parents can amicably work out an agreement that is best for the children, the reality is that there are often long and drawn-out custody battles that can exhaust the entire family. Under North Carolina law, child custody orders can […]
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Can a North Carolina Judge Reject Parents’ Agreement on Equal Custody?
It can be such a relief to find common ground with your child’s other parent, especially if you disagree on just about everything else. And if you both tell a judge equal custody is best, you might expect the final order to reflect that agreement.
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When Can a Nonparent Seek Custody in North Carolina?
Few family law questions are more personal than deciding who gets to spend time with a child. Things become even more complicated when someone who is not a biological or adoptive parent has filled a parental role.
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Is a Permanent Custody Order Always Permanent in North Carolina? (Part 2 of 2)
Our last blog covered the facts of Williamson v. Smith (909 S.E.2d 926). Father argued that the custody order was permanent, while the mother argued that it was not.
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Is a Permanent Custody Order Always Permanent in North Carolina? (Part 1 of 2)
The term “permanent” in a custody order holds extra weight at first glance. After all, if the title says “Permanent Custody Order”, it’s easy to assume that the arrangement can only be changed if something occurs that is substantial enough to garner the court’s attention.
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Court of Appeals Upholds Sole Custody Under Child’s Best Interest Standard
We will discuss the Fairley v. Matelski (2024) case and see why the North Carolina Court of Appeals upheld a custody decision, acting in the child’s best interest. You will see how nuanced custody decisions can be, why it is imperative to pay special attention to every fact in family law cases involving child custody, […]