Close

Articles Posted in child custody

Updated:

When Are Non-Parents Granted Custody in North Carolina?

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…

Updated:

When Can a Grandparent File for Visitation in North Carolina?

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…

Updated:

Custody When the Custodial Parent Dies

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…

Updated:

How is Child Support Determined in a Divorce?

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…

Updated:

Misunderstanding a Custody Order Can Lead to Contempt

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…

Updated:

Can a Parent be Held in Contempt for Violating Any Custody Order Provision?

When a North Carolina court enters a child custody order, each parent is required to follow the terms of the order. Most parents understand that violating the basic custody and visitation requirements could get them into trouble. For example, there may be serious consequences if one parent refuses to return…

Updated:

Florida Enacts Law for Designated Child Custody Exchange Locations

The Florida House Civil Justice Subcommittee has approved legislation, known as HB 538 or “Cassie’s Law,” which mandates the establishment of safe exchange locations for child custody transitions. The bipartisan bill aims to enhance the safety of child custody exchanges following the tragic case of Cassie Carli, a mother who…

Updated:

How Child Support Is Based on Income

Jackson v. Jackson, 2021-NCCOA-614 (2021) Facts: Mother and Father had an unincorporated child support agreement for their three children. Custody was shared between the parties. Later, one child aged out. Mother then relocated, and one child moved with her. The other remaining minor child moved in with Father. For this…

Updated:

UCCJEA: Child Custody Disputes and State Jurisdiction

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is used to determine which state should have jurisdiction in interstate custody cases. It is a uniform law, which means it was written with the intention and hope that each state would adopt it and create uniformity across the country. How…

Updated:

Change in Circumstance or Best Interest: Which Comes First?

Child custody orders in North Carolina are binding, and both parents must abide by the terms to avoid facing legal consequences. Despite this, it is possible to modify an order if there has been a change in the circumstances of either party and if the modification is in the best…

Contact Us