The previous blog (click here) discussed the case of Ledford v. Ledford and the mother’s appeal regarding service. This blog continues that discussion, focusing on the mother’s other argument, concerning “Standing”. Continue reading →
Many assume that a child’s parent always comes first in a custody dispute. Grandparents, aunts and uncles, even cousins couldn’t possibly stand a chance against a child’s mother or father. Many also assume that if you were never properly served with court papers, any following order can be undone later. Continue reading →
We will discuss how North Carolina courts treat substantial changes in circumstances in child custody disputes through the lens of the North Carolina Court of Appeals case Coggin v. Brennan.
We will discuss the North Carolina Court of Appeals case Fitzgerald v. Fortner (2024) and explain the key issues of juvenile court jurisdiction, child custody transfer, and standing in custody disputes. You will see why the court vacated a Chapter 50 custody order and what the statutory requirements under North Carolina family law are. Continue reading →
Child custody disputes are among the most common family law matters in court. Yet, due to the sensitive nature of the relationships and the complexity of the law, these cases can yield very different outcomes depending on the smallest details. Continue reading →
In Harney v. Harney, the North Carolina Court of Appeals addressed a specific child custody dispute involving the child’s mother and grandfather. Continue reading →
Healthcare givers know how demanding that career can be. From unpredictable schedules to long hours, life can be very overwhelming. Add to it the role of being a single parent and fitting everything in can feel impossible. Continue reading →
We all know divorce can be expensive. And with kids involved, the legal costs can add up even more rapidly because of custody and child support disputes. A recent North Carolina case, Stewart v. Brickman, helps explain when a court might order one parent to help pay for the other parent’s legal bills. Continue reading →
The Indian Child Welfare Act (ICWA) was enacted to protect the best interests of Native American children and promote the stability of Native families and tribes. It requires that courts make efforts to keep families intact and prioritize putting children in out-of-home placements that are within the child’s family or community. Further, the child’s tribal nation and family have a right to participate in decisions regarding foster placements. Continue reading →
There are numerous factors courts must consider when making custody and visitation determinations, but the preeminent factor is the best interest of the child. In some cases, courts may weigh the child’s preference as part of their overall considerations, but this is handled on a case-by-case basis. The child’s age, maturity, and ability to understand the implications of such a decision may impact a court’s willingness to consider the child’s preferences. Continue reading →
North Carolina Divorce Lawyers Blog