North Carolina Divorce Lawyers Blog

Articles Posted in Custody

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In North Carolina, custody can be modified when there is a substantial change of circumstances, but importantly, this change need not be adverse. A positive change can also be the basis for a modification of North Carolina child custody. In a recent appellate decision, the court considered modification of custody in a child’s best interest at a grandparent’s request. The case arose from the modification of a 2012 custody order. The plaintiffs were the paternal grandparents of two children, and the plaintiff’s son was the children’s father. The children’s mother had gotten married since an earlier order of the court and her interests were opposed to the father and grandparents’ interests. Continue reading →

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Sometimes parents disagree as to the best course of treatment for a child’s mental health or health condition, or with regard to education. These issues came up in a recent North Carolina child custody appellate decision, in which a father appealed the court’s order giving a mother primary physical custody of their child, while only giving him secondary physical custody. The court had given the parents joint legal custody but gave the mother final decision making powers with regard to education and healthcare while the father retained final decision making powers with regard to sports. Continue reading →

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In a recent appellate court decision that discusses an aspect of North Carolina custody law, a mother appealed from an order that granted her and the father joint custody of teenage children pending the start of a reunification program. The program was supposed to fix the kids’ relationship to their father, which the court determined was damaged by the mother’s alienating conduct. Continue reading →

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by Leesa M. Poag, Attorney
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We are officially in the midst of the best season of the year.  No, I’m not referring to the pumpkin-filled days of Fall.  I’m talking about football season.  But as we don our team colors and cheer on our favorite players, the on-field battles aren’t the only ones that family law attorneys are seeing this time of year.  As concerns about the long-term effects of head injuries from football continue to mount, we are beginning to see football leaving the locker room and heading to the courtroom. Continue reading →

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Carolyn Woodruff, J.D., C.P.A, C.V.A.
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Dear Carolyn,

I reluctantly entered into a consent child custody order with the mother of my child in 2013. We were never married and never actually lived together. The child is now five having been born in 2011. I get visitation under the 2013 order, but the court never heard any evidence in 2013. We simply agreed. Now, I am very concerned this mother is unfit. Continue reading →

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Carolyn Woodruff, J.D., C.P.A, C.V.A.
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Dear Carolyn,

I am the father of two children, ages 10 and 12.  The mother of the children lives in West Virginia, where she moved after our divorce. The children were born and always have lived in North Carolina. The North Carolina order for custody allows the children to travel to West Virginia for 5 weeks in the summer. Last year the mother did not return the children when she was supposed to at the end of the summer, and the court here held mother in contempt. Continue reading →

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Carolyn Woodruff, J.D., C.P.A, C.V.A.
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Dear Carolyn,

I am a father of a beautiful 8-year-old daughter and a handsome 10-year-old son.  I live here, but the mother lives in California.  The mother has custody, but the children will be visiting with me for the last two weeks of July and the first two weeks of August. While I don’t have much time given the distance between the mother’s house and mine, I really want to make the time count that I do have.  I can take two of the weeks off from work, but I have to work two of the weeks.  What suggestions do you have?

– Dedicated Dad

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Carolyn Woodruff, J.D., C.P.A, C.V.A.
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Dear Carolyn,

I have a two year old daughter and the mother and I are facing a custody trial. The mother, in my opinion, has some mental disorders and has been treated for long-term depression. The mother breast fed, and mother and daughter are close.  I feel, however, that I am the better custodial parent.  Will the daughter’s age and sex keep me from being a custodial parent until she is older? Will the court listen to me, or am I just out of luck until my daughter is older?

– Dad

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Hi, Ms. Carolyn

My wife and I need some advice. In 2009, we had to see a judge in a matter of a 50B taken out by my stepson’s father based upon alleged child abuse. The 50B judge said that we would revisit the 50B issue after DSS finished their investigation, but it was never resolved. The father of my stepson let him stay with us after it happened.  We waited a month, and the father’s lawyer withdrew. The Judge dropped the 50B case due to the father not moving forward with the 50B. Continue reading →