What happens when a wife gives birth during a marriage, but the husband is not the biological father per DNA? Paternity in North Carolina is a legal issue—there are rights and responsibilities that come with being a legal father. As a primer, the common terminology in this area of law is as follows: Continue reading →
When it comes to child custody, the court has the authority and discretion to consider a wide array of factors to further the best interest of the child standard. One such factor is the physical and mental health of the parent. Impairment of one parent in a child custody dispute that stems from alcohol or substance abuse may raise a number of legitimate concerns about that person’s ability to parent.
Angel v. Sandoval, COA20-236 (unpublished 2020).
If your ex, or you, lost a job and income and considered modifying child support to a lower amount in response, it may not always mean that the modification will be granted. Here in North Carolina, it depends on the circumstances surrounding the job and income loss. If it was intentional, with bad faith, then the court may impute income based on the parent’s earning capacity rather than actual current income. However, the analysis is nuanced and can be difficult to show. Below is one such case where there simply was not enough evidence to impute. Continue reading →
There are unfortunate times where one individual who has become fully insured for social security benefits passes away or gives up a child for adoption. In such cases, however, the Social Security Administration has enacted rules to pass on the benefit to the children. But exactly what happens when the child receiving a benefit is going to be adopted? Does the benefit simply end because he or she now has a new parent? Potential adoptive parents should speak to an attorney if they are considering adoption of a child receiving social security benefits. Continue reading →
Alexander v. Alexander, ______ N.C. _______ (2021) (COA19-391).
In Greensboro, Grandparents may be awarded visitation rights if the Court deems it appropriate. Often, it is by intervening in the custody battle being fought by the custodial parents. Even after a final custody order is entered, a Grandparent may seek visitation when the circumstances affecting the child have substantially changed. But what happens when one of the parents passes away before the custody issue is resolved? Continue reading →
Everyone knows how COVID has affected our daily routine and forced an increase in the use of technology. The court system and attorneys have adopted technology to keep cases moving forward. At the beginning of this process, attorneys discovered that using virtual meetings to conduct client consults and client meetings was not only effective in preventing exposure to COVID but, in the long run, could increase productivity without losing the human interaction or attorney-client bond. Continue reading →
In North Carolina, we see cases where one spouse is primarily a breadwinner for the family, often bringing in most if not all of the income. In those case, the other spouse is the homemaker, the one that cares for the children and/or pets and maintains the home. And when it comes to separation and divorce, dollar values become important. So how do you value a homemaker spouse’s contribution to the marriage? Continue reading →
North Carolina General Statute § 14-39 defines kidnapping as the unlawful confining, restraining, or removing from one place to another, anyone 16 years of age or older without their consent and holding them for ransom, in furtherance of or fleeing a felony, causing serious bodily harm or terrorizing or holding that person in involuntary or sexual servitude. When a person is under the age of 16, it requires the parent’s or legal guardian’s consent before the minor can be restrained, confined, or removed from one place to another. Continue reading →
Madar v. Madar, No.COA20-28 (Dec. 2020).
In North Carolina, alimony is a type of spousal support that provides for the maintenance of a dependent spouse, by the supporting spouse. Dependent and supporting are legal terms, with incredible significance. In order to receive alimony, one must be a dependent spouse, the other party must be a supporting spouse, and the alimony must be fair after considering a set of factors in our statutes and case law. Below is a simple case outlining how a court determined dependent/supporting spouse. Continue reading →