Articles Tagged with child custody

Published on: June 26, 2020

When Parental Rights Conflict with Special Needs, the Courts Step In

In re NNB, COA 19-261 (Unpublished opinion)

The family courts in North Carolina operate under one abiding principle: the best interest of the child. This overarching concept takes precedence over every other consideration and can produce unexpected results. This article discusses a recent case in our county in which a father wanted custody of his minor child, but circumstances were not good for his case. Continue reading →

Published on: June 16, 2020

Subject Matter Jurisdiction Still Matters

By Y. Michael Yin, JD

Hamdan v. Freitekh, ______ N.C. App. _______ (2020) (COA19-929).

Here in North Carolina, and across the nation, the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) sets the jurisdictional rules for how and where custody orders are enforced. The cardinal rule in custody cases has always been, and continues to be, adjudicated with the best interests of the child in mind. The UCCJEA aligns with that cardinal by preventing parents from forum shopping, instead ordering that disputes be litigated in the state with which the child and family have the closest ties. Continue reading →

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