North Carolina Divorce Lawyers Blog

Articles Tagged with custody lawyer

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An award of child support is intended to balance the financial contribution of the custodial and non-custodial parents, but biological parentage is not required to receive child support. North Carolina child support law allows any person providing care for a minor child who is living in their home to receive support[1]. Parents must provide support for their children unless their rights have been terminated, and non-parents are only responsible for paying child support in limited circumstances.

If a child support order already exists, you can request that it be changed. However, you must be prepared to show that your modification request is justified.

How to Modify Child Support

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Filing for child custody in North Carolina is dictated by numerous state and federal laws, one of which is the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA). Working with a Greensboro divorce lawyer ensures the custody process is completed correctly. However, if you are looking for general information so you can make an informed decision about representation, the information below will help you understand the UCCJEA and how it may affect your custody arrangement. Continue reading →

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Custody and parental rights are understandably sensitive topics, which is why having an experienced North Carolina custody lawyer on your side can make a difference. Determining custody of a child is a challenging process. There are numerous laws and considerations that are factored into a custody decision, and one recent case from the Court of Appeals in Forsyth County shows how complex these cases can be. Continue reading →

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When you file a claim for child custody in North Carolina, both parties must attend the Custody Mediation and Visitation Program pursuant to N.C. Gen. Stat. § 50-13.1.  Upon completion of this program, the matter may then be set for hearing if the parties are unable to come to an agreement during mediation.  There are circumstances where the Court will waive the mediation requirement.  Those circumstances will not be analyzed in this blog.   

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AMAN V. NICHOLSON, 2023-NCCOA-________ (2023). 

  1. Facts:  Plaintiff and Defendant are parents of a minor child. They separated in fall of 2019. Plaintiff filed for custody, and a temporary order was entered. The temporary order granted joint legal custody (decision making) and primary physical custody to the Plaintiff, visitation to Defendant. It further required each party to obtain and exchange psychological evaluations and to attend counseling. Eventually, the custody matter was set for trial in spring of 2021. On the first day of trial, Defendant provided a list of three expert witnesses that he planned on calling to testify. Plaintiff objected and wanted to exclude the expert testimony. The trial court agreed, and entered an Order that excluded Defendant’s three expert witnesses from testifying. Defendant appealed. 

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AMAN V. NICHOLSON, 2023-NCCOA-________ (2023). 

  1. Facts:  Plaintiff and Defendant are parents of a minor child. They separated in fall of 2019. Plaintiff filed for custody, and a temporary order was entered. The temporary order granted joint legal custody (decision making) and primary physical custody to Plaintiff, visitation to Defendant. It further required each party to obtain and exchange psychological evaluations and to attend counseling. Eventually, the custody matter was set for trial in spring of 2021. On the first day of trial, Defendant provided a list to Plaintiff containing three expert witnesses that he planned on calling to testify. Defendant also provided the witnesses’ CVs and the written reports of two of the witnesses.  Plaintiff objected and wanted to exclude the expert testimony. The trial court agreed, and entered an Order that excluded Defendant’s three expert witnesses from testifying. When trying to settle the record on appeal, Defendant wanted the CVs and written reports of the experts included, while Plaintiff objected to their inclusion. In judicial settlement of the record, the trial court ordered that the reports and CVs not be included. Defendant appealed. 

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Gilleland v. Adams, 2023-NCCOA-9 (unpublished) 

Facts: Defendant gave birth to a child in 2017. Plaintiff claimed he was the father and filed for custody. Defendant filed her answer and also a motion to dismiss, citing to Rules 12(b)(1) and 12(b)(6) of the North Carolina Rules of Civil Procedure and arguing that Plaintiff could not bring a custody case because he was not the father. The parties consented to get a court-ordered paternity test. Plaintiff was revealed to be not the child’s biological father. Plaintiff then amended his complaint and alleged that Defendant had acted inconsistent with her right to be a parent and that it was in the child’s best interests to have custody with Plaintiff. The trial court conducted a hearing on the motion to dismiss. The trial court heard from witnesses and received exhibits. Defendant’s motion to dismiss was granted. Plaintiff appealed.  Continue reading →

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Last year came to an end, but not before Kanye West and Kim Kardashian were able to close the chapter on their formerly wedded life and settle matters associated with their divorce.  It is reported that Kardashian and West will share joint custody of their four children – North, 9, Saint, 6, Chicago, 4, and Psalm, 3.  Despite this, sources close to Kardashian report that she will continue to have the children approximately eighty percent (80%) of the time.  The settlement also outlines West’s monthly child support payment, which is $200,000.00 per month.  Additionally, West is responsible for covering fifty percent (50%) of the minor children’s educational expenses (i.e., tuition), and security expenses.   

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Ouléye Ndoye, former wife of Georgia Democratic Senator Raphael Warnock, is demanding he submit to questioning as their child custody battle continues.  Ndoye’s accusations say Warnock has failed to render proper custody of the parties’ minor children during his days of their agreed parenting schedule.  Warnock’s work-related obligations have resulted in extended periods of travel for Warnock, leaving him unavailable during his agreed custodial time.  The parties’ parenting schedule awarded Warnock two weekdays per week, which he is no longer able to fulfill.

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In October 2022, the North Carolina Court of Appeals addressed whether a parent who hasn’t had contact with their child because the child had been actively removed and hidden from them still has their constitutional right to parent their child. Continue reading →