Articles Posted in Custody

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Establishing legal parenthood is simple for married couples. According to North Carolina law, when a married couple has a baby, both parents are considered the legal parents by default. For unmarried parents, establishing paternity can take a little more effort. Continue reading →

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Divorce can be a challenging time, especially when children are involved. One of the most complex aspects of ending a marriage is determining custody and visitation rights. The case of Davidson v. Tuttle, 2022-NCCOA-622 offers a window into the intricate nature of these decisions and how they can change over time. Continue reading →

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Child custody and child support are two separate matters,[1] but that doesn’t mean that one cannot impact the other. Custody frequently impacts support since the amount of time the child spends with each parent is a factor in calculating child support obligations. However, many parents wonder if failure to pay child support means visitation can be withheld.

The parent that receives child support cannot legally deny the other parent visitation with the child if they fail to make the ordered support payments.[2] The payee spouse can file a Motion for Order to Show Cause, which allows them to ask the court to hold the other parent in contempt for violating the court order. Continue reading →

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Custody orders are not required for parents who are not together, but many choose to obtain a court order when they cannot agree on custody, visitation, and other issues related to raising their child. Without a court-issued custody order, the legal parents share equal rights.[1] Continue reading →

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Co-parenting can be a challenging journey, but when done successfully, it can provide stability and support for children growing up in a separated or divorced family. Effective co-parenting requires cooperation, communication, and a commitment to putting your child’s well-being first. Here are seven valuable tips to help you navigate the path of successful co-parenting. Continue reading →

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Edwards v. Anderson, 2023-NCCOA-______ (2023) (unpublished)

  • Facts: Parents were never married but had one child together. The child custody order contained a provision wherein romantic guests could not stay overnight with the parent with whom custody is scheduled. Overnight was defined as any time after 8:00pm. However, the provision also noted that Plaintiff, at the time of the hearing, was residing with his girlfriend, so that the provision will apply to him should he end that relationship. Other findings established that the live-in girlfriend and Plaintiff had been dating for at least five years, had a good relationship with the minor child, and acted as a parent to the minor child. Defendant did not have any relationship at the time, and no findings were made as to the same. Defendant appealed on the basis that the overnight provision was unfair, inequitable, and implied some kind of equal protection claim, and also that the term overnight is not commonly associated with 8:00pm.

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When it comes to family law matters, service members face unique challenges due to the nature of their duty. The Servicemembers Civil Relief Act (SCRA) plays a crucial role in ensuring that the rights and responsibilities of military parents are protected during legal proceedings related to child custody and support. Continue reading →

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911 records can be valuable exhibits for the court in your case, whether that is custody, domestic violence, or anything else related. Here are ways to obtain a redacted form of the records on your own:

To request 911 records in Greensboro, North Carolina, you’ll need to provide specific information depending on the type of record you’re seeking: Continue reading →

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Our Family Wizard (OFW) is one of many comprehensive co-parenting communication and organization platforms designed to support families going through divorce or separation. It serves as a centralized hub for parents to manage various aspects of co-parenting, ensuring smoother and more efficient cooperation while prioritizing the best interests of their children. While other apps exist, most of the time our practice encounters OFW. Continue reading →

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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 abuse.   Continue reading →