We all love a good Mulan-esque warrior story with a happy ending. Family law attorneys have seen it all and are the warriors and champions of family law related issues. Delving into the chaotic family disputes that clients present daily means almost nothing could come as a surprise. Yet, when a Kansas man challenged his Iowa ex-wife to a trial by sword fight to settle their child custody dispute, it appeared that there may indeed be something new under the sun.
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 →