North Carolina Divorce Lawyers Blog

Articles Tagged with custody lawyer

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In civil cases, such as child custody proceedings, either party can serve discovery requests on the other party. Discovery is the term used to describe the process of exchanging documents and information. It can include various methods, including interrogatories, requests for production of documents, requests for admission, and depositions.

Parties in child custody cases can use discovery to obtain information relevant to the case, but there are limitations.

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There have been many cases in North Carolina that establish the strength and importance of a parent’s constitutionally protected right to the care and control of their children. Another recent decision in the North Carolina Court of Appeals has further established this right for biological parents, showing that it is not easy for nonparents to be awarded custody.

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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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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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In North Carolina, the courts determine child custody based on the best interests of the child. If a child is taken from their biological parents or legal guardians, there are often reunification procedures in place. However, reunification is not always included in permanency planning orders.

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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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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 →