In North Carolina, the courts determine child custody based on the best interests of the child. If a child is taken from their biological parents or legal guardians, there are often reunification procedures in place. However, reunification is not always included in permanency planning orders. Permanency Planning in North Carolina…
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…
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…
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…
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…
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…
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…
Deciding to relocate with children is not always easy, as numerous factors must be considered. Divorced, separated, or unmarried parents with custody orders have additional considerations they must think about both before and after they move. Out-of-State Orders in North Carolina If you’ve recently moved to North Carolina and have…
Divorce can be a challenging time, especially when children are involved. One of the most complex aspects of ending a marriage is determining custody and visitation rights. The case of Davidson v. Tuttle, 2022-NCCOA-622 offers a window into the intricate nature of these decisions and how they can change over…
Child custody and child support are two separate matters,[1] but that doesn’t mean that one cannot impact the other. Custody frequently impacts support since the amount of time the child spends with each parent is a factor in calculating child support obligations. However, many parents wonder if failure to pay…