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…
Articles Posted in Children
Do Separation Agreements Have to be Incorporated into a Court Order to be Enforceable?
Separation agreements in North Carolina are intended to lay out agreed-upon terms for spouses going through a divorce, and they are sometimes seen as a placeholder until a final decree of divorce can be entered. While it is possible to incorporate a separation agreement into a final decree in North…
Business and Childcare Expenses in Calculating Child Support
Calculating the amount that a child’s primary caregiver is to receive in child support payments can be complicated. Beyond just comparing the two spouse’s incomes, courts often weigh factors like work expenses, childcare expenses, health insurance premiums, transportation costs, and other expenses. Knowing which of your daily costs will count…
Spreading Holiday Joy: Local Charities Supporting Children
The holiday season is a time for giving and, for many children in Guilford County, local charities play a crucial role in making the season magical. Whether it’s providing gifts, warm clothing, or meals, these organizations work tirelessly to bring smiles to children’s faces and alleviate some of the burdens…
Holiday Drinking and Driving: Custody Risks and Legal Implications
As the holiday season approaches, celebrations and gatherings often include alcohol, increasing the possibility of drinking and driving. Beyond immediate safety concerns, driving under the influence (DUI) can have lasting impacts on individuals, especially when it comes to family and custody matters. In North Carolina, a DUI conviction can significantly…
Which Parent Gets Legal Custody in North Carolina?
Legal custody and physical custody are not the same thing. While both are brought up in North Carolina custody cases, they deal with two different aspects of parenting. Physical custody applies to the parent that has the child in their care. Essentially, the parent with whom a child lives most…
Could I be Required to Pay My Spouse’s Attorney Fees in a Divorce?
A spouse may be required to pay their spouse’s attorney fees in a North Carolina divorce. There are various situations in which this could occur, such as if one spouse filed a frivolous action. Attorney fees may also be awarded if the spouse requesting attorney fees does so in good…
Can Courts Modify Custody Without a Request from Either Parent?
Parents and guardians who wish to change their child custody order typically must file a motion to modify. Additionally, the parent who files the motion, sometimes referred to as the moving party, must prove that there has been a substantial change in circumstances that impacts the child’s wellbeing. Can a…
Sole and Shared Physical Custody in North Carolina
North Carolina law states that custody of a child may be granted jointly to both parents or exclusively to one parent, but how is that decision made in custody cases? All North Carolina orders for custody must be based on what arrangement will promote the best interest and welfare of…
Can North Carolina Courts Refuse to Grant Visitation to a Non-Custodial Parent?
Parents have a protected right to care for their children in North Carolina, and that right affords them some significant protections when it comes to custody and visitation. For instance, third parties like grandparents can seek visitation and custody only in very limited circumstances. However, when parents are involved in…