North Carolina Divorce Lawyers Blog

Articles Tagged with children

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There must be a substantial change of circumstances in order to request a modification to a child custody order in North Carolina. Additionally, that change must affect the child or children’s welfare. Conflict between parents certainly does impact a child, but does it satisfy this requirement if this conflict has existed between the parents for a while? Continue reading →

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North Carolina and almost every other state uses the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to determine jurisdiction. The UCCJEA uses four elements to determine jurisdiction in initial custody cases:

  • Home state
  • Significant connection
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Grandparents are inarguably a vital part of a child’s life, but the decision to include them is ultimately up to the parents. It can be devastating for grandparents when contact with their grandchild has been restricted. What are your options as a grandparent for seeking court-ordered visitation in North Carolina?

When Can You File for Visitation as a Grandparent?

North Carolina allows grandparents to file for visitation only in certain circumstances. The state allows grandparents to file for visitation only if the child’s family is not intact, which may include the following scenarios:

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Parents in North Carolina can request that the court modify a custody order, but changing custody and visitation arrangements will only be possible in certain situations. Continue reading →

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Y Michael Yin, JD

GREEN V. CARTER, 2024-NCCOA-______ (2024).

Facts:  The case involves two women, Mother and Partner, who had an on-and-off romantic relationship and planned to have a child together through IVF. Although only one woman gave birth and was listed as the mother on the birth certificate due to Michigan law, both participated in selecting the sperm donor and jointly named the child. After their relationship ended, they moved to North Carolina.

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Custody and visitation orders in North Carolina are commonly amended when the terms no longer benefit the children and there has been a change in circumstances. Not every change will lead to a revised custody order, so understanding when a qualifying change has occurred can help you decide if it’s time to request an amendment to your order.

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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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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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Marecic v. Baker, 2023-NCCOA-______ (2023) (unpublished).

  • Facts: The case involved a dispute between the Plaintiff and Defendant, who are the biological parents of a minor child named R.J.M. The parties never married but purchased real estate in North Carolina and Florida during their relationship. Defendant had two older children from a previous marriage. Initially, they lived together with the children in North Carolina. Their relationship ended in January 2017, and Defendant and her two children moved to an apartment while Plaintiff stayed in their property. Despite the separation, they shared custody of R.J.M., with Plaintiff covering most of Defendant’s living expenses and expenses related to all the children. Actions commenced in December 2018 when Plaintiff filed for child custody, child support, attorney’s fees, and alternative dispute resolution. Defendant responded with a complaint for various matters, and the cases were consolidated. Temporary child custody orders were issued in March and July 2019, followed by a permanent child custody order in May 2021, granting shared custody on a rotating schedule. In May 2022, the trial court issued a child support order, and in June 2022, Defendant’s attorney filed for attorney’s fees. In August 2022, the trial court ordered Plaintiff to pay for some of defendant’s legal expenses. Plaintiff appealed.

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