North Carolina Divorce Lawyers Blog

Articles Tagged with custody lawyer

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Edwards v. Anderson, 2023-NCCOA-______ (2023) (unpublished)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

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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 →

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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 →

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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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