Articles Posted in Custody

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We will discuss how North Carolina courts treat substantial changes in circumstances in child custody disputes through the lens of the North Carolina Court of Appeals case Coggin v. Brennan.

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Most people assume that if someone lives in another state, they can’t be brought into court in North Carolina (or wherever you live). But family law is rarely that simple. When children are involved, courts look closely at a parent’s connections to the state and whether their actions had an impact there. That’s exactly what the North Carolina Court of Appeals addressed in Ziegler v. Ziegler. Continue reading →

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We will discuss the Fairley v. Matelski (2024) case and see why the North Carolina Court of Appeals upheld a custody decision, acting in the child’s best interest.

You will see how nuanced custody decisions can be, why it is imperative to pay special attention to every fact in family law cases involving child custody, and how even the smallest details can make a big difference. Continue reading →

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Child custody disputes are among the most common family law matters in court. Yet, due to the sensitive nature of the relationships and the complexity of the law, these cases can yield very different outcomes depending on the smallest details. Continue reading →

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Nobody gets married thinking they will one day be sitting in a courtroom, arguing over who is better fit to take care of the kids. However, in cases where relationships fail, family courts focus primarily on determining which parent can truly give their children a secure and stable home. Continue reading →

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We all know divorce can be expensive. And with kids involved, the legal costs can add up even more rapidly because of custody and child support disputes. A recent North Carolina case, Stewart v. Brickman, helps explain when a court might order one parent to help pay for the other parent’s legal bills. Continue reading →

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In this post, we will discuss the implications of the Aguilar v. Mayen case and why the North Carolina Court of Appeals has vacated a custody order. If you are a family lawyer, judge, or a parent in North Carolina, you’ll find this case important, especially from the perspective of how custody orders need to be written to stand. Continue reading →

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There are numerous factors courts must consider when making custody and visitation determinations, but the preeminent factor is the best interest of the child. In some cases, courts may weigh the child’s preference as part of their overall considerations, but this is handled on a case-by-case basis. The child’s age, maturity, and ability to understand the implications of such a decision may impact a court’s willingness to consider the child’s preferences. Continue reading →

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By Paul K Mengert, II, JD

Moving out is not a good first step to divorce.

Moving out can seem like the obvious first step to ending an unhealthy relationship. But moving out has many potential repercussions for married individuals in North Carolina, making it an impulsive and bad decision. Continue reading →

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