Can the court terminate a parent’s rights for willful abandonment of the children? Are there steps a parent estranged from his child can take to ensure this doesn’t happen? In a recent North Carolina appellate decision, the court considered willful abandonment and termination of parental rights. The case arose when…
Can a lower court restrict your use of your passport in a North Carolina child custody order? In a recent North Carolina case, the defendant appealed from the court’s denial of his motion for reconsideration and relief from a 2015 child custody and support order. The defendant was a Poland-born…
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…
Sometimes parents disagree as to the best course of treatment for a child’s mental health or health condition, or with regard to education. These issues came up in a recent North Carolina child custody appellate decision, in which a father appealed the court’s order giving a mother primary physical custody…
In a recent unpublished opinion of a North Carolina child support decision, a court considered a child support order involving a mother who was voluntarily unemployed. The father had appealed from the lower court’s child support order claiming that the lower court had made a mistake in concluding as a…
A 529 Savings Plan allows parents to put aside money for their kids’ college expenses under tax-favorable conditions. How should trial courts classify the money in a 529 Savings Plan that is created and funded during marriage when a couple is getting a divorce? In a recent North Carolina marital…
In a recent appellate court decision that discusses an aspect of North Carolina custody law, a mother appealed from an order that granted her and the father joint custody of teenage children pending the start of a reunification program. The program was supposed to fix the kids’ relationship to their father,…
Growing up in a tiny town near Greensboro, N.C., I can remember being a kid and playing in the yard, getting skinned knees and bee stings. That’s what we did “back then.” I remember picking up pecans and climbing trees and riding my bike. We had a rotary dial telephone. …
The custodial parent must not decrease the status of the other parent in the child’s eyes. That is fundamental. Also fundamental: Do not place the child in the middle of the parent’s dispute. Woncik versus Woncik, from the court of appeals in North Carolina is instructive on the two fundamental…
What is the best way to get your visitation suspended? Alienate your child or attempt to alienate your child from the other parent. A case that was filed September 18, 2018, in the North Carolina Court of Appeals illustrates this tragic error on the part of the mother. See Sneed…