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Articles Posted in children

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Can You Amend Child Custody Based on Long-Standing Conflict with a Co-Parent?

There must be a substantial change of circumstances in order to request a modification to a child custody order in North Carolina. Additionally, that change must affect the child or children’s welfare. Conflict between parents certainly does impact a child, but does it satisfy this requirement if this conflict has…

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How is Jurisdiction Determined in a North Carolina Custody Case?

North Carolina and almost every other state uses the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to determine jurisdiction. The UCCJEA uses four elements to determine jurisdiction in initial custody cases: Home state Significant connection More appropriate forum No other state or vacuum These factors are applied in a…

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Grandparent Visitation Rights in NC: When Can You File and How is it Decided?

Grandparents are inarguably a vital part of a child’s life, but the decision to include them is ultimately up to the parents. It can be devastating for grandparents when contact with their grandchild has been restricted. What are your options as a grandparent for seeking court-ordered visitation in North Carolina?…

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When Can Parents Modify Their Child Custody Orders in North Carolina?

Parents in North Carolina can request that the court modify a custody order, but changing custody and visitation arrangements will only be possible in certain situations. North Carolina Law State law establishes that either party to a custody order is allowed to file a motion to modify or vacate the…

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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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