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Articles Posted in family law

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Change in Circumstance or Best Interest: Which Comes First?

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…

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Out-of-State Custody Orders and Jurisdiction for Modifications

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…

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Colorado Supreme Court Paves the Way for Legal Paraprofessionals to Practice

In a bid to enhance access to legal representation and make it more affordable, the Colorado Supreme Court has taken a significant step by approving the licensure of legal paraprofessionals. This move, encapsulated in the new Rule 207 of the Colorado Rules of Civil Procedure, is aimed at addressing domestic…

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Midlife Transitions: Lessons from Noel Gallagher and Sara MacDonald’s Divorce

The recent announcement of Noel Gallagher and Sara MacDonald’s divorce has captured the attention of fans and media alike. Their separation after over two decades together is not just a headline; it mirrors a scenario in which many couples, particularly in their 50s, find themselves. This blog explores their story…

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Enforcing Complex Child Support Arrangements

When parents are divorced or no longer together, child support is a way for the non-custodial parent to contribute to the reasonable needs of the child. It may seem relatively straightforward, and in many cases it is. However, child support can become a complex issue because so many factors are…

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Determining Paternity for Child Support Purposes

Establishing legal parenthood is simple for married couples. According to North Carolina law, when a married couple has a baby, both parents are considered the legal parents by default. For unmarried parents, establishing paternity can take a little more effort. Importance of Establishing Paternity   An order for child support…

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Understanding Custody and Visitation

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…

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Equitable Distribution: When is Equal not Equitable?

Either party in a divorce can request equitable distribution, but that request must be made before the divorce is final.[1] Equitable distribution is the process in which the court determines how best to divide the spouses’ assets and debts, specifically their marital property and divisible property.[2] This is often a…

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How Child Support Affects Child Custody and Visitation

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…

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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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