North Carolina Divorce Lawyers Blog

Articles Posted in Children

Published on:

By

May is Mental Health Awareness Month, and here at Woodruff Family Law Group, we are cognizant that the ongoing pandemic has caused much harm to our collective mental health. The school closures and loneliness associated with social distancing are major factors. A remarkable Harvard study following 224 children found that 66% of the children were showing clinical signs of depression or anxiety. Similar studies in Europe and Asia also show the same trend: COVID-19 likely contributes to rising depression and anxiety rates. It is an alarming trend that may not be visible on the surface. Continue reading →

Published on:

By

Fecteau v. Spierer, COA20-532 (2020).

Child custody orders are modifiable under North Carolina law. In order to modify, the party seeking a modification must show a substantial change in circumstances, from those found in previous order, that warrants modification. It may seem obvious that big changes in the custodial parent’s life meet that standard. But in the case below, we discuss how improvements in the noncustodial parent’s life can warrant a modification in his favor, which can grant him more time with his kids and more decision-making abilities. Continue reading →

Published on:

By

Fecteau v. Spierer, COA20-532 (2020).

Child custody orders are modifiable. In order modify, the party seeking a modification must show a substantial change in circumstances, from those found in the previous order, that warrants modification. In some cases, primary physical custody is awarded to a nonparent. Most often, this nonparent is a relative, such as a grandparent. Below, we discuss a case where a parent was granted primary physical custody from the grandparents, and we address the legal standard for how to get there. Continue reading →

Published on:

By

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 →

Published on:

By

Angel v. Sandoval, COA20-236 (unpublished 2020).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 →

Published on:

By

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 →

Published on:

By

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 →

Published on:

By

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 →

Published on:

By

Bradley v. Bradley, No. COA20-48 (unpublished)

 

Plaintiff and Defendant married on May 20, 2006 and divorced on July 15, 2015.  The parties had one daughter born March 7, 2011.  The parties’ daughter was three years old when the original custody order was entered.  Defendant filed a motion to modify child custody on July 13, 2017, seeking primary physical custody of their daughter and permission to relocate with their daughter to Alabama to reside with her fiancé.  The trial court entered a judgment on July 19, 2019, awarding Defendant primary physical custody, allowing her to relocate to Alabama. Continue reading →

Published on:

By

Suppose that you are recently separated or divorced and have minor children. Should you have a life insurance policy in place to ensure sufficient resources are available to provide for your children if you suddenly die? What factors must you consider before taking out a life insurance policy to benefit your children? Should you enter into any agreement with your former spouse to carry this insurance? The answer to all of these questions is probably no. Continue reading →