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Articles Tagged with child custody

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Padilla v. Whitley De Padilla, COA19-478 (2020) (unpublished).

Child custody orders are modifiable. In order to do so, the party seeking a modification must show a substantial change from the circumstances found in previous order that warrant the modification. It may seem obvious that a diminishment in the custodial parent’s life may meet that threshold. But below, we discuss a case where improvements in the noncustodial parent’s life warranted a modification in his favor, granting him more time with his kids and more decision-making abilities. Continue reading →

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By: Y Michael Yin, JD

Routten v. Routten, ______ N.C. _______ (2020).

Child Custody can be a hotly contested issue in divorce cases with minor children involved. In certain instances, a court can award sole custody to one parent and even deny visitation to the noncustodial parent. That determination is severe and, by law, must be substantiated by a factual basis for the denial. But what basis is required? Below, we discuss how one court did so, and the ensuing legal confusion that required the North Carolina Supreme Court to step in. Continue reading →

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In re NNB, COA 19-261 (Unpublished opinion)

The family courts in North Carolina operate under one abiding principle: the best interest of the child. This overarching concept takes precedence over every other consideration and can produce unexpected results. This article discusses a recent case in our county in which a father wanted custody of his minor child, but circumstances were not good for his case. Continue reading →

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Hamdan v. Freitekh, ______ N.C. App. _______ (2020) (COA19-929).

Here in North Carolina, and across the nation, the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) sets the jurisdictional rules for how and where custody orders are enforced. The cardinal rule in custody cases has always been, and continues to be, adjudicated with the best interests of the child in mind. The UCCJEA aligns with that cardinal by preventing parents from forum shopping, instead ordering that disputes be litigated in the state with which the child and family have the closest ties. Continue reading →