Articles Tagged with child custody

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The topic of an intact family may come up in some North Carolina custody and visitation cases. Why does this matter? The intact family factor is not relevant to every case, but it is pivotal when a non-parent seeks custody or visitation. The 1995 case of McIntyre v. McIntyre established that, with the exception of cases of negligence or unfitness, third parties like grandparents can only seek visitation rights when the child’s family is not intact or there is an ongoing custody proceeding.

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A parent-child bond is more than just an emotional connection; it’s also a strong legal force. In North Carolina, parents have a constitutionally protected interest when it comes to their relationship with their children. Non-parents can be granted custody, but there are strict guidelines for when that can occur.

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Extended family members often play an important role in a child’s life. The bond that children share with people such as their grandparents contributes to their development, but it is generally a parent’s decision as to which relationships their children can have.

In North Carolina, parents have a right to determine who their children will spend time with and associate with. This means that non-parents, like grandparents, cannot file for visitation unless certain criteria are present.

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It is always tragic when a child loses a parent, but what happens when the parent who passes away is the custodial parent? North Carolina courts must grant custody to someone else, and priority is given to biological parents in most cases.

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North Carolina allows divorcing parents to agree on their own terms for child support payments, but more often parents rely on the court to make a determination. Continue reading →

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Child custody orders are court-issued documents that require parents to adhere to a set of provisions regarding custody and visitation. For many parents, understanding the legal terminology included in these orders can be challenging, especially when the provisions are vague or open to more than one interpretation. Ideally, court orders would be written simply and clearly, but that is not always the case. Continue reading →

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When a North Carolina court enters a child custody order, each parent is required to follow the terms of the order. Most parents understand that violating the basic custody and visitation requirements could get them into trouble.

For example, there may be serious consequences if one parent refuses to return the child at the end of their visitation. This is a rare situation, though, and it is often the provisions that are considered less important that parents ignore or forget about. Continue reading →

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The Florida House Civil Justice Subcommittee has approved legislation, known as HB 538 or “Cassie’s Law,” which mandates the establishment of safe exchange locations for child custody transitions. The bipartisan bill aims to enhance the safety of child custody exchanges following the tragic case of Cassie Carli, a mother who disappeared and was later found dead after a custody exchange in 2022.

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Jackson v. Jackson, 2021-NCCOA-614 (2021)

  1. Facts: Mother and Father had an unincorporated child support agreement for their three children. Custody was shared between the parties. Later, one child aged out. Mother then relocated, and one child moved with her. The other remaining minor child moved in with Father. For this period, Father sought temporary child support and termination of his previous child support obligation because of the change in custody situation. Mother then filed a breach of contract for Father’s lowering and subsequent cessation of child support payments. At trial the court considered Father’s bonuses and commissions as part of his income. His base salary was $58,000, but he testified that he expected to get commissions even though he had not yet received any. The court found that father’s income was $71,000 annually.

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The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is used to determine which state should have jurisdiction in interstate custody cases. It is a uniform law, which means it was written with the intention and hope that each state would adopt it and create uniformity across the country. Continue reading →