North Carolina Divorce Lawyers Blog

Articles Posted in ClientVille

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Y Michael Yin, JD

Hunter v. Hunter, 2024-NCCOA-______ (2024).

Facts:  In June 2023, a family dispute turned violent between the Plaintiff and the Defendant, his father. The altercation arose over a disagreement regarding the Plaintiff’s daughter attending bible school. During the argument, the Defendant struck the Plaintiff in the neck, causing him to fall to the ground and suffer a concussion. This incident occurred in the presence of the Plaintiff’s fiancé and daughter, who were seated in a nearby car.

Following the altercation, the Plaintiff filed a complaint seeking a domestic violence protective order. The court responded promptly by issuing an ex parte domestic violence protective order on the same day.

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Y Michael Yin, JD

GREEN V. CARTER, 2024-NCCOA-______ (2024).

Facts:  The case involves two women, Mother and Partner, who had an on-and-off romantic relationship and planned to have a child together through IVF. Although only one woman gave birth and was listed as the mother on the birth certificate due to Michigan law, both participated in selecting the sperm donor and jointly named the child. After their relationship ended, they moved to North Carolina.

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Y Michael Yin, JD

In civil cases, defendants sometimes go to great lengths to avoid being served. The reasons they do this can come down to anything, including just making it difficult for you. Service according to our rules of civil procedure begins with the sheriff or by mailing it USPS certified mail. When those methods are unsuccessful because your ex is avoiding service, we here at Woodruff often get a private investigator to track them down and personally serve them.

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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.

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Domestic violence is a severe offense. If you’ve been falsely accused by a spouse, partner, or household member, you must take the allegations seriously, even if you know you are innocent.

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Any parent over the age of 18 whose rights have not been terminated has an obligation to financially support their children. If you are going through a divorce, have recently separated from your child’s other parent, or are involved in a child support matter for any other reason, it can be helpful to understand how support amounts are calculated.

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Custody and visitation orders in North Carolina are commonly amended when the terms no longer benefit the children and there has been a change in circumstances. Not every change will lead to a revised custody order, so understanding when a qualifying change has occurred can help you decide if it’s time to request an amendment to your order.

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Equitable distribution in North Carolina is presumed to mean an equal split of marital property, but what happens if this division is unfair or unjust?

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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 in court, additional elements must be considered before a parent’s rights are taken away.

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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 that, with the exception of cases of negligence or unfitness, third parties like grandparents can only seek visitation rights when the child’s family is not intact or there is an ongoing custody proceeding.

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