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 →
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 →
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 →
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 →
Child custody and child support are two separate matters, 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. 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 →
Edwards v. Anderson, 2023-NCCOA-______ (2023) (unpublished)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.
North Carolina does not require that unmarried or divorcing parents get a custody order. 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
In today’s digital age, smartphones have become an integral part of our lives. They store a wealth of information that can be vital in legal proceedings such as family law cases. By harnessing the power of forensic analysis, hidden data on smartphones can be uncovered, shedding light on crucial evidence that can significantly impact the outcome of a case.
Smartphones have evolved into mobile, personal vaults, harboring an array of information like call logs, text messages, emails, social media activity, browsing history, and even location data. When it comes to family law cases, this digital footprint can be an invaluable asset, revealing critical evidence related to child custody, communication patterns, financial transactions, or illicit behavior. Continue reading →
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 →
JOHNSON V. LAWING, 2023-NCCOA-______ (2023)
When a minor child in the middle of a custody case attends therapy, sometimes those treatment records contain relevant and important facts that may aid a court in making a custody determination. However, not every case in which the child attends therapy means that the therapy records will be considered in making that determination. Below is a case where the mother was denied a modification of custody because she thought that the court had improperly considered her son’s therapy records when they were not admitted as evidence. Continue reading →