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Articles Posted in children

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IVF, In Loco Parentis, Child Support, and How It All Comes Together

Y Michael Yin, JD GREEN V. CARTER, 2024-NCCOA-______ (2024). Facts:  The case involves two women, Mother and Partner, who had an on-and-off romantic relationship and planned to have a child together through IVF. Although only one woman gave birth and was listed as the mother on the birth certificate due…

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Modifying a Custody Order 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…

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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…

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What Happens When a Parent Violates a Child Custody Order?

Custody orders are not required for parents who are not together, but many choose to obtain a court order when they cannot agree on custody, visitation, and other issues related to raising their child. Without a court-issued custody order, the legal parents share equal rights.[1] Custody Orders are Legally Binding…

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7 Tips to Co-Parenting Success

Co-parenting can be a challenging journey, but when done successfully, it can provide stability and support for children growing up in a separated or divorced family. Effective co-parenting requires cooperation, communication, and a commitment to putting your child’s well-being first. Here are seven valuable tips to help you navigate the…

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Child Support and Legal Fees

Marecic v. Baker, 2023-NCCOA-______ (2023) (unpublished). Facts: The case involved a dispute between the Plaintiff and Defendant, who are the biological parents of a minor child named R.J.M. The parties never married but purchased real estate in North Carolina and Florida during their relationship. Defendant had two older children from…

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Hearsay Can Be Admitted – Rarely

IN RE: H.G., 2023-NCCOA-______ (2023) (unpublished). Facts: In June 2012, the respondent adopted Heather, along with her older sisters Sally and Ellen. In a prior legal proceeding, allegations of improper discipline led to the adjudication of neglect and dependency for Heather, and abuse, neglect, and dependency for Sally and Ellen.…

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Grandparent Visitation When Widowed

Rose v. Powell, 2023-NCCOA-______ (2023). Facts: Plaintiffs were the biological grandparents of the minor child in this case. Plaintiffs’ son, Jacob Chandler Rose, unexpectedly passed away. At the time of his death, the Defendant, Jacob’s wife, was pregnant with Jacob’s child, later named Aubrey, born on April 30, 2019. The…

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Child Support Insights on Bishop v. Bishop

Divorce is rarely simple, and when children are involved the complexities can intensify. Child support is one of the most critical aspects that parents need to consider during the separation process. A recent North Carolina case, Bishop v. Bishop, sheds light on some crucial issues that can arise in child…

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North Carolina Requirements for Modifying Child Custody

Child custody is often a highly contentious topic in family law because of both parents’ and guardians’ strong desires to spend as much time as possible with their child. If you currently have a permanent custody order in place, you may be able to have it amended. However, while it…

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