North Carolina Divorce Lawyers BlogNorth Carolina’s domestic violence law has undergone changes in recent years, expanding the types of qualifying relationships and the list of people who can be charged. Previously, the law limited domestic violence charges in relationships to a man who assaulted his female partner. If a woman was found guilty of a similar act of violence, she would likely face simple assault charges, which often carried lesser penalties. The state’s updated legislation encompasses broader definitions of who can be charged with domestic violence. Continue reading →
Articles Tagged with visitation
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Court Venues in North Carolina: Where Should Divorce Complaints be Filed?
The courthouse where a divorce complaint is filed is called the venue. Determining which venue to file in is important because only the proper venue can rule on a case. North Carolina law states that the venue for legal action is the county in which either party to the case lives, but identifying which court is the correct venue to initiate your divorce action can be more complicated. Continue reading →
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Sole and Shared Physical Custody in North Carolina
North Carolina law states that custody of a child may be granted jointly to both parents or exclusively to one parent, but how is that decision made in custody cases? All North Carolina orders for custody must be based on what arrangement will promote the best interest and welfare of the child.
While custody cases in the past used to favor the mother based on the since-abolished tender years doctrine, current custody matters do not give automatic preference to one parent over another. Instead, courts must consider relevant factors like the child’s safety.
Aguilar v. Mayen
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When Do North Carolina Courts Allow Grandparents to Seek Custody and Visitation?
Parents have a constitutionally protected right to take care of their children, which includes making decisions about whom their children will spend time with. It is difficult to overcome this parental presumption. Grandparents who wish to seek visitation with their grandchildren should be aware that there are strict rules in North Carolina about when they can file and on what factors a decision will be based.
Evans v. Myers
In a recent North Carolina Court of Appeals case, Evans v. Myers, Mother appealed after the trial court granted Paternal Grandparents legal and physical custody of her child while only awarding her limited visitation.
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Case Review: Grandparent Visitation Rights and the Death of a Parent
Grandparents can only file for visitation during an ongoing custody dispute between the parents or if they can prove the parents are unfit. What happens if the parents’ custody case is resolved before the court has a chance to decide on grandparent visitation? This was the question at the center of a recent North Carolina Court of Appeals case.
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Modifying a Custody Order in North Carolina
Custody and visitation orders in North Carolina are commonly amended when the terms no longer benefit the children and there has been a change in circumstances. Not every change will lead to a revised custody order, so understanding when a qualifying change has occurred can help you decide if it’s time to request an amendment to your order.
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When Can a Grandparent File for Visitation in North Carolina?
Extended family members often play an important role in a child’s life. The bond that children share with people such as their grandparents contributes to their development, but it is generally a parent’s decision as to which relationships their children can have.
In North Carolina, parents have a right to determine who their children will spend time with and associate with. This means that non-parents, like grandparents, cannot file for visitation unless certain criteria are present.
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Custody When the Custodial Parent Dies
It is always tragic when a child loses a parent, but what happens when the parent who passes away is the custodial parent? North Carolina courts must grant custody to someone else, and priority is given to biological parents in most cases.
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Understanding Custody and Visitation
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 →
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What Happens When a Parent Violates a Child Custody Order?
Custody orders are not required for parents who are not together, but many choose to obtain a court order when they cannot agree on custody, visitation, and other issues related to raising their child. Without a court-issued custody order, the legal parents share equal rights.[1] Continue reading →