Fecteau v. Spierer, COA20-532 (2020). Child custody orders are modifiable. In order modify, the party seeking a modification must show a substantial change in circumstances, from those found in the previous order, that warrants modification. In some cases, primary physical custody is awarded to a nonparent. Most often, this nonparent…
Articles Posted in Grandparents
Grandparent Visitation After Death of a Parent
Alexander v. Alexander, ______ N.C. _______ (2021) (COA19-391). In Greensboro, Grandparents may be awarded visitation rights if the Court deems it appropriate. Often, it is by intervening in the custody battle being fought by the custodial parents. Even after a final custody order is entered, a Grandparent may seek visitation…
Modifying Child Custody: Grandparents vs. Parents
We’ve all seen videos such as this one on the highly addictive TikTok app depicting parents dropping their kids off at Grandma and Grandpa’s house to achieve some much needed alone time. Ever since the Piedmont Triad began experiencing the monumental effects of COVID-19 in early March, both kids and parents alike…
Getting Custody Back From the Grandparents
In North Carolina, a parent can lose custody over their minor children to the children’s grandparents. One way this can happen is by Order of the Court in a child custody proceeding. Child custody is never permanent, and below we discuss a way for parents to regain custody by motion…
“No Good Deed Goes Unpunished” : Non-Marital Relationships and Qualifying Dependents
Sharp v. Comm’r, T.C. Memo. 2017‑208, 2017 WL 4973234 (2017) (a) Facts: A woman lived with a man in California. The couple was not married. The man had a child by a prior relationship, and the child had two minor children. The man was, therefore, the children’s biological grandfather.…
Modification of North Carolina Child Custody Order Due to Mother’s Improvement
In North Carolina, custody can be modified when there is a substantial change of circumstances, but importantly, this change need not be adverse. A positive change can also be the basis for a modification of North Carolina child custody. In a recent appellate decision, the court considered modification of custody…
Ask Carolyn: How Can I Help with My Grandchild’s Day Care Tuition?
Carolyn Woodruff, J.D., C.P.A, C.V.A.Dear Carolyn, I am a grandmother, and I want to help pay for the tuition for my grandchild’s day care and education at a nice day care facility. Then, my daughter and son-in-law can work without worry. They own their own business, and they both need to focus some quality…
Ask Carolyn: Can I get social security benefits for my grandchildren?
Hello Carolyn, I have a question regarding grandchildren who are in the custody of the grandparents. Here is the scenario. My wife and I have legal custody of three grandchildren ages 13, 12, and 9. We were granted legal custody by the court about 18 months ago. Before that, we…
Grandparents Listen Up
Toni Maurie Gwynn was a 17-month angel who died July 10, 2013 in Eden, North Carolina. She was found suffocated and strapped to a car seat. Apparently, she had not had food or water for many hours. The latest “who dun it” was resolved last week with her father Antonio…
Grandparents Have Rights Too!
Dear Carolyn, I know I should have kept my mouth shut during the divorce, but I didn’t. My daughter-in-law ended up with custody (not that it wasn’t somewhat justified), but now she is taking it out on us and won’t let my husband and I see our own grandchildren. We…