Tuel v. Tuel, 840 S.E.2d 917 (2020). After separation and divorce, it is not unheard of for one spouse to move out of state. If the former couple had minor children together, then the question is which spouse is primarily going to have custody of the children? Improvement to quality…
On Friday, December 11, 2020, Chief Justice Cheri Beasley announced that in North Carolina non-essential, in-person court proceedings would be postponed for 30 days, beginning Monday, December 14, 2020. Unfortunately, this has become the norm as the state continues to battle the widespread effects of the coronavirus pandemic. With in-person…
In 2020, the holiday season will be one of the most tumultuous in recent years now that Covid-19 rates are beginning to rise again. For parents with ongoing custody cases or custody orders already in place, it presents an especially trying time. Travel is a large component of every holiday…
Holiday travel and child custody issues are often sources of contention between parents. Ensure that your custody order allows you to travel out of state with your children before leaving your state. Suppose there is no language to prevent either parent from taking the children out of the state. In…
So you’ve moved to Guilford County from Florida and up until your move you and your ex-spouse have been operating under a child custody order that was entered by a judge in a district court in Florida. Now what? North Carolina General Statutes § 50A-305 provides guidelines for registration of…
With the 2020 holidays rapidly approaching, newly separated and divorced parents may be experiencing increased stress over when and how to deal with spending the holidays sharing their children. The first thing to remember is that if you have a child custody order entered by the court, you must follow…
In Jordao, the North Carolina Court of Appeals reviewed N.C.G.S. § 50-13.2 and how the statute requires the trial court to evaluate all relevant factors, including domestic violence in determining if custody and visitation is in the best interest of a child. Jordao v. Jordao, No. COA19-858 (N.C. Ct. App.…
Toussaint v. King, COA19-851 (2020) (unpublished). In North Carolina, a court has the ability to incarcerate a party for not following a court order. This procedure is called civil contempt. In order to send a party to jail for noncompliance, the court first must find specific facts. For one case…
We all love a good Mulan-esque warrior story with a happy ending. Family law attorneys have seen it all and are the warriors and champions of family law related issues. Delving into the chaotic family disputes that clients present daily means almost nothing could come as a surprise. Yet, when…
Devine v. Devine, (No. COA19-913) (unpublished) Here in Greensboro, business owners are not immune to unhappy marriages. Divorces can be long and complicated messes, especially when the fortunes of the family rest upon the fortunes of the business. Child support and alimony are based partly on the income and expenses…