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Overnight Guests and Child Custody Matters

Edwards v. Anderson, 2023-NCCOA-______ (2023) (unpublished) Facts: Parents were never married but had one child together. The child custody order contained a provision wherein romantic guests could not stay overnight with the parent with whom custody is scheduled. Overnight was defined as any time after 8:00pm. However, the provision also…

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Civil Contempt V. Criminal Contempt in NC Child Custody Cases

North Carolina does not require that unmarried or divorcing parents get a custody order.[1] When a mother or father has the designation of a legal parent, they both have the same rights when there is no order in place. Legal parent classification can be obtained in a number of ways,…

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Metadata in Family Law Cases: Unlocking Key Insights

The digital age has greatly increased the amount of information we generate and store. Metadata is a set of data that describes and gives information about other data. Metadata holds immense potential in various fields, including family law. Leveraging metadata in family law cases can provide crucial insights and evidence…

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Therapy Records and Non-Consideration

JOHNSON V. LAWING, 2023-NCCOA-______ (2023) When a minor child in the middle of a custody case attends therapy, sometimes those treatment records contain relevant and important facts that may aid a court in making a custody determination. However, not every case in which the child attends therapy means that the…

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What is the UCCJEA in North Carolina Child Custody Cases?

Filing for child custody in North Carolina is dictated by numerous state and federal laws, one of which is the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA). Working with a Greensboro divorce lawyer ensures the custody process is completed correctly. However, if you are looking for general information so you…

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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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Custody Case in Forsyth County Highlights Parental Rights

Custody and parental rights are understandably sensitive topics, which is why having an experienced North Carolina custody lawyer on your side can make a difference. Determining custody of a child is a challenging process. There are numerous laws and considerations that are factored into a custody decision, and one recent…

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Custody Mediation and Visitation Program in NC

When you file a claim for child custody in North Carolina, both parties must attend the Custody Mediation and Visitation Program pursuant to N.C. Gen. Stat. § 50-13.1.  Upon completion of this program, the matter may then be set for hearing if the parties are unable to come to an…

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Expert Witnesses and Child Custody

AMAN V. NICHOLSON, 2023-NCCOA-________ (2023).  Facts:  Plaintiff and Defendant are parents of a minor child. They separated in fall of 2019. Plaintiff filed for custody, and a temporary order was entered. The temporary order granted joint legal custody (decision making) and primary physical custody to the Plaintiff, visitation to Defendant.…

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Standing and Jurisdiction in Nonparent Custody

Gilleland v. Adams, 2023-NCCOA-9 (unpublished)  Facts: Defendant gave birth to a child in 2017. Plaintiff claimed he was the father and filed for custody. Defendant filed her answer and also a motion to dismiss, citing to Rules 12(b)(1) and 12(b)(6) of the North Carolina Rules of Civil Procedure and arguing…

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