Mims v. Parker, 839 S.E.2d 433 (N.C. App. 2020) In North Carolina, dog owners can be liable for injuries caused by their dogs. We all love our friendly four-legged companions, but a dog is still an animal that can cause devastating injuries if it reacts poorly to a situation. We…
Gyger v. Clement, ___ N.C. ___ (August 2020) (31PA19) In North Carolina, foreign orders for child support can be registered in this state, allowing our courts to enforce the orders. It is extremely helpful to register a foreign order in the state if the party you are seeking relief from…
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…
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…
A common question that often asked during consultations and discussions between attorneys and potential or current clients is: Can I date during my divorce case? The answer depends on the specific facts of your case. Factors to consider include: Are you separated; how long have you been separated; are there…
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Toussaint v. King, COA19-851 (2020) (unpublished).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…
Doyle v. Doyle, 176 N.C. App. 547 (2006) Sometimes, what kicks off a divorce is not a slow descent into a frustrating marriage, but instead a jarring and violent incident that cannot be reconciled. Domestic Violence Protective Orders (DVPO) can be granted to spouses that fear for their or their…