Custody and visitation disputes between parents focus on the best interest of their child, but this is not the standard used when non-parents are involved. North Carolina only allows non-parents to file for custody or visitation in limited circumstances. When these issues between a parent and a non-parent are litigated…
The topic of an intact family may come up in some North Carolina custody and visitation cases. Why does this matter? The intact family factor is not relevant to every case, but it is pivotal when a non-parent seeks custody or visitation. The 1995 case of McIntyre v. McIntyre established…
A parent-child bond is more than just an emotional connection; it’s also a strong legal force. In North Carolina, parents have a constitutionally protected interest when it comes to their relationship with their children. Non-parents can be granted custody, but there are strict guidelines for when that can occur. Awarding…
Extended family members often play an important role in a child’s life. The bond that children share with people such as their grandparents contributes to their development, but it is generally a parent’s decision as to which relationships their children can have. In North Carolina, parents have a right to…
It is always tragic when a child loses a parent, but what happens when the parent who passes away is the custodial parent? North Carolina courts must grant custody to someone else, and priority is given to biological parents in most cases. Awarding Custody After a Death Parents are allowed…
Few family law matters are as contentious as child custody or as distressing as child abuse. Custody battles between biological parents can become intense as parties sometimes passionately disagree about what’s best for their child. These disputes increase in complexity when third parties seek custody due to parental neglect or…
Stable and supportive environments are crucial to a child’s health and well-being. Having healthy relationships with their primary caregivers is also vital, as these relationships impact every part of their development.1 Grandparents often have established relationships with their grandchildren and volunteer to help with the many demands of raising a…
Gray v. Holliday, COA20-425 (May 2021) (unpublished). In Greensboro, grandparent visitation rights may be awarded if the Court deems it appropriate. This often happens by intervening in the custody battle being fought by the custodial parents. But what happens when one of the parents passes away before the custody issue…
Fecteau v. Spierer, COA20-532 (2020). Child custody orders are modifiable under North Carolina law. In order to modify, the party seeking a modification must show a substantial change in circumstances, from those found in previous order, that warrants modification. It may seem obvious that big changes in the custodial parent’s…
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…