The two big classifications of property in all equitable distribution cases are “marital” and “separate” property. These are the ones the get all the attention and are subject to some of the most intense scrutiny and debate; however, there is a third area of property that is equally as important…
Articles Posted in Lawyer to Lawyer
Dividing Interest: Closely-Held Businesses
A great aspect of living in the triad area is the rich history of successful businesses that put down roots in the community and prospered over the years. Greensboro is home to very familiar brands such as Wrangler and Volvo, and right down the road is High Point, which is…
Who Can Apply for Custody in NC: Part 4
When analyzing custody, the issue of who has rights to custody of a minor is commonly focused on the biological parents of the child. In the eyes of the law, under the right circumstances, biological parents may be disfavored in congruence to “third party” individuals who assert rights to custody.…
Who Can Apply for Custody in NC: Part 3, When the Best Interest Standard Doesn’t Apply
By: Leesa M. Poag, Attorney, Woodruff Family Law GroupIn a typical child custody case, the mother and father of a child are seeking the intervention of the court to settle their dispute over who should be granted custody of their child. Though this is the situation most often facing family law attorneys throughout the Triad, the cases become…
Who Has Standing to Apply for Custody in NC: Part 2, Unfitness of Parents
By: Jennifer A. Crissman, Attorney, Woodruff Family Law GroupAs contentious custody cases in the Piedmont progress, it is likely that a parent may be called “unfit.” In a legal context, this word has a specific meaning, and drastic consequences should the court find a parent unfit. In this second installment on standing to apply for custody, we will…
Who Has Standing to Apply for Custody in NC: Part 1, Constitutional Rights
By: Jennifer A. Crissman, Attorney, Woodruff Family Law GroupIf you have been involved with a highly contentious custody case in the Triad, you know that family members will start coming out of the woodwork to ask for custody of the minor children. This phenomenon is even more prevalent when the parents are not adequately caring for their children.…
Heart Balm Torts: Playing Doctor and Nurse (Malecek v. Williams 2017)
By Carolyn J. Woodruff, North Carolina Family Law SpecialistWinston Salem, North Carolina: Malecek v. Williams (2017) Derek Williams is a Forsyth County doctor who had an affair apparently, or at least allegedly, with his nurse. Playing doctor-nurse games got them in trouble with the nurse’s husband, Marc Malecek. The nurse’s then-husband Marc sued Derek for alienation of affection…
Don’t Miss That Deadline!!
Whether you are the Plaintiff filing a lawsuit or the Defendant being served with one, one of the most important things for a family law attorney in Greensboro and across the state to keep in mind are deadlines imposed by rules and statutes in North Carolina. Rule 6 of the…
He Said, She Said: Admission of Hearsay Statements Regarding Child Sexual Abuse in Custody Cases: Part 12 of 12 Parts
By: Jennifer Crissman, Attorney, Woodruff Family Law GroupIn the final installment of our twelve-part practical series for attorneys practicing in Guilford and surrounding counties, we will review the case of State v. Deanes. In our hypothetical situation from Part 1, there were multiple hearsay statements made by the children to various family members, social workers, medical practitioners…
He Said, She Said: Admission of Hearsay Statements Regarding Child Sexual Abuse in Custody Cases: Part 11 of 12 Parts
by Jennifer Crissman, Attorney, Woodruff Family Law GroupIn this installment of our series for family law practitioners in Guilford and surrounding counties, we will discuss the case of State v. Burgess. In our hypothetical scenario, the two children made statements to their grandmother about the abuse by their uncle. Although the timing and circumstances surrounding the statements…