When analyzing custody, the issue of who has rights to custody of a minor is commonly focused on the biological parents of the child. In the eyes of the law, under the right circumstances, biological parents may be disfavored in congruence to “third party” individuals who assert rights to custody.…
Articles Posted in children
Who Can Apply for Custody in NC: Part 3, When the Best Interest Standard Doesn’t Apply
By: Leesa M. Poag, Attorney, Woodruff Family Law GroupIn a typical child custody case, the mother and father of a child are seeking the intervention of the court to settle their dispute over who should be granted custody of their child. Though this is the situation most often facing family law attorneys throughout the Triad, the cases become…
Who Has Standing to Apply for Custody in NC: Part 2, Unfitness of Parents
By: Jennifer A. Crissman, Attorney, Woodruff Family Law GroupAs contentious custody cases in the Piedmont progress, it is likely that a parent may be called “unfit.” In a legal context, this word has a specific meaning, and drastic consequences should the court find a parent unfit. In this second installment on standing to apply for custody, we will…
Who Has Standing to Apply for Custody in NC: Part 1, Constitutional Rights
By: Jennifer A. Crissman, Attorney, Woodruff Family Law GroupIf you have been involved with a highly contentious custody case in the Triad, you know that family members will start coming out of the woodwork to ask for custody of the minor children. This phenomenon is even more prevalent when the parents are not adequately caring for their children.…
Danger Lurking Next Door
Dear Carolyn, I have been reading the horrid stories about children being left in hot cars. I also have been troubled by my next door neighbor leaving her seven-year-old son alone this summer while she goes to work. I have seen this mother lock the door when she leaves in…
Give Mediation a Chance
Dear Carolyn, I have a two-year-old and a five-year-old, and I am separated from their Father. I am filing for custody and divorce. I hear I am going to have to go to mediation with the Father, and I really don’t want to see him. I am not exactly afraid…
Placing the Blame
By: Leesa M. Poag, Attorney, Woodruff Family Law GroupAfter the death of their eight-year-old son earlier this year, two parents in Ohio have filed a lawsuit against Cincinnati Public Schools. The child hanged himself with a necktie from his bunk bed, an act that his parents claim was a result of bullying he suffered at his elementary school. …
Bullying and Suicide: Are Schools Liable?
Bullying in the classroom is, unfortunately, a continuing epidemic both nationally, as well as in the Triad. A new case out of Ohio has recently made news on this topic. An eight-year-old boy named Gabriel Taye from Ohio hanged himself from his bunk bed after being continually bullied at his…
Where to Begin and Where Does It End?
Bullying is not a new or novel occurrence; however, the effects bullying may have come as a surprise to many. Advancements in technology and the associated effects in society have created many new challenges in combating bullying, especially in schools. Whereas before, a child who was bullied at school was…
“To Pay or Not to Pay” (New v. New)
At the heart of many family law related disputes lie arguably the most difficult decisions regarding the children and their futures. At times it may seem unlikely that individuals in the midst of a divorce will ever agree on anything; fortunately, ensuring that any children involved receive a quality education…