So you’ve moved to Guilford County from Florida and up until your move you and your ex-spouse have been operating under a child custody order that was entered by a judge in a district court in Florida. Now what? North Carolina General Statutes § 50A-305 provides guidelines for registration of…
Articles Posted in custody
Harter v. Eggleston – What is an Inconvenient Forum?
No. COA19-493 (unpublished) Plaintiff-Father Alex Harter and Defendant-Mother Hayley Eggleston were never married but are the parents of one child, born in 2010. Father and Mother lived together from December 2009 until separating in September 2012. Since separating in September 2012, disagreements regarding the minor child’s custody have resulted in…
Ex-Parte Domestic Violence Orders
As we proceed through the ongoing Coronavirus pandemic, domestic violence incidents have increased in North Carolina. Isolation and lockdown likely have exacerbated conditions that may have already been present in a rocky relationship. Financial woes and job losses have only added to the stress. Domestic violence and violence against intimate…
Can My DVPO Be Re-Argued in Child Custody Court?
Doyle v. Doyle, 176 N.C. App. 547 (2006) Sometimes, what kicks off a divorce is not a slow descent into a frustrating marriage, but instead a jarring and violent incident that cannot be reconciled. Domestic Violence Protective Orders (DVPO) can be granted to spouses that fear for their or their…
Returning to the Classroom During the Pandemic – Who Decides?
School starts soon, and parents in the Piedmont Triad area are understandably worried about their children’s exposure to COVID-19. Do I send my child back to the classroom, home school them, or opt for online classes? Fears over the lack of social distancing, schools enforcing mask policies of older students,…
Child Custody and Mediation and What You Should Know
If you plan to file a child custody action in North Carolina, you will be required to participate in a Custody Mediation Program. Each district in North Carolina has specific operational procedures laid out in their local rules, and the rules for each county can be viewed online at www.NCcourts.gov.…
Modifying Child Custody: Grandparents vs. Parents
We’ve all seen videos such as this one on the highly addictive TikTok app depicting parents dropping their kids off at Grandma and Grandpa’s house to achieve some much needed alone time. Ever since the Piedmont Triad began experiencing the monumental effects of COVID-19 in early March, both kids and parents alike…
Does My Ex’s Character Matter in Custody?
Steele v. Steele, 36 N.C.App. 601 (1978). In North Carolina and nationwide, character evidence is generally inadmissible in civil trials. Evidence of character and past conduct is not indicative of future conduct and cannot be used to prove that a party acted or will act in conformity with that character…
Getting Custody Back From the Grandparents
In North Carolina, a parent can lose custody over their minor children to the children’s grandparents. One way this can happen is by Order of the Court in a child custody proceeding. Child custody is never permanent, and below we discuss a way for parents to regain custody by motion…
Custody, Contempt of a Court Order, and Concerns for Health and Safety
Davis v. Davis, 748 S.E.2d 594 (N.C. App. 2013) Here we examine a North Carolina Court of Appeals case where the Defendant appealed the trial court denial of a motion to modify custody and a motion to hold the Plaintiff in contempt of court. For this article, we will focus…