It is common practice for parties in a case to exchange evidence and information. This process is called discovery. There are strict rules and requirements for discovery, and failing to comply with requests from the opposing party may adversely affect your case. Heijmen v. Heijmen In the case of Heijmen…
In North Carolina, the courts determine child custody based on the best interests of the child. If a child is taken from their biological parents or legal guardians, there are often reunification procedures in place. However, reunification is not always included in permanency planning orders. Permanency Planning in North Carolina…
Custody and visitation orders in North Carolina are commonly amended when the terms no longer benefit the children and there has been a change in circumstances. Not every change will lead to a revised custody order, so understanding when a qualifying change has occurred can help you decide if it’s…
Custody and visitation disputes between parents focus on the best interest of their child, but this is not the standard used when non-parents are involved. North Carolina only allows non-parents to file for custody or visitation in limited circumstances. When these issues between a parent and a non-parent are litigated…
The topic of an intact family may come up in some North Carolina custody and visitation cases. Why does this matter? The intact family factor is not relevant to every case, but it is pivotal when a non-parent seeks custody or visitation. The 1995 case of McIntyre v. McIntyre established…
A parent-child bond is more than just an emotional connection; it’s also a strong legal force. In North Carolina, parents have a constitutionally protected interest when it comes to their relationship with their children. Non-parents can be granted custody, but there are strict guidelines for when that can occur. Awarding…
Extended family members often play an important role in a child’s life. The bond that children share with people such as their grandparents contributes to their development, but it is generally a parent’s decision as to which relationships their children can have. In North Carolina, parents have a right to…
It is always tragic when a child loses a parent, but what happens when the parent who passes away is the custodial parent? North Carolina courts must grant custody to someone else, and priority is given to biological parents in most cases. Awarding Custody After a Death Parents are allowed…
North Carolina allows divorcing parents to agree on their own terms for child support payments, but more often parents rely on the court to make a determination. Calculating Child Support in North Carolina The state has guidelines to determine the amount of support based on the financial situation of each…
Child custody orders are court-issued documents that require parents to adhere to a set of provisions regarding custody and visitation. For many parents, understanding the legal terminology included in these orders can be challenging, especially when the provisions are vague or open to more than one interpretation. Ideally, court orders…