Articles Tagged with custody attorney

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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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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 →

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Child custody orders in North Carolina are binding, and both parents must abide by the terms to avoid facing legal consequences. Despite this, it is possible to modify an order if there has been a change in the circumstances of either party and if the modification is in the best interest of the child. How does a judge weigh these two considerations, and does one factor need to be proven before the other? Continue reading →

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Deciding to relocate with children is not always easy, as numerous factors must be considered. Divorced, separated, or unmarried parents with custody orders have additional considerations they must think about both before and after they move. Continue reading →

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Divorce can be a challenging time, especially when children are involved. One of the most complex aspects of ending a marriage is determining custody and visitation rights. The case of Davidson v. Tuttle, 2022-NCCOA-622 offers a window into the intricate nature of these decisions and how they can change over time. Continue reading →

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Child custody and child support are two separate matters,[1] but that doesn’t mean that one cannot impact the other. Custody frequently impacts support since the amount of time the child spends with each parent is a factor in calculating child support obligations. However, many parents wonder if failure to pay child support means visitation can be withheld.

The parent that receives child support cannot legally deny the other parent visitation with the child if they fail to make the ordered support payments.[2] The payee spouse can file a Motion for Order to Show Cause, which allows them to ask the court to hold the other parent in contempt for violating the court order. Continue reading →

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Edwards v. Anderson, 2023-NCCOA-______ (2023) (unpublished)

  • Facts: Parents were never married but had one child together. The child custody order contained a provision wherein romantic guests could not stay overnight with the parent with whom custody is scheduled. Overnight was defined as any time after 8:00pm. However, the provision also noted that Plaintiff, at the time of the hearing, was residing with his girlfriend, so that the provision will apply to him should he end that relationship. Other findings established that the live-in girlfriend and Plaintiff had been dating for at least five years, had a good relationship with the minor child, and acted as a parent to the minor child. Defendant did not have any relationship at the time, and no findings were made as to the same. Defendant appealed on the basis that the overnight provision was unfair, inequitable, and implied some kind of equal protection claim, and also that the term overnight is not commonly associated with 8:00pm.

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North Carolina does not require that unmarried or divorcing parents get a custody order.[1] When a mother or father has the designation of a legal parent, they both have the same rights when there is no order in place. Legal parent classification can be obtained in a number of ways, including by any of the following:

  • The child’s birth certificate
  • Child support order
  • Adoption order
  • Affidavit of Parentage

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The digital age has greatly increased the amount of information we generate and store. Metadata is a set of data that describes and gives information about other data. Metadata holds immense potential in various fields, including family law. Leveraging metadata in family law cases can provide crucial insights and evidence that may influence the outcome of legal proceedings.

Metadata refers to the underlying information about a file or document, such as the date and time it was created, modified, or accessed, as well as details regarding its author or location. In the context of family law cases, metadata can include the participants in electronic communications, times, dates, lengths, social media posts, GPS location data, and other digital footprints left behind by individuals involved in the case. Continue reading →