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In this post, we will discuss the implications of the Aguilar v. Mayen case and why the North Carolina Court of Appeals has vacated a custody order. If you are a family lawyer, judge, or a parent in North Carolina, you’ll find this case important, especially from the perspective of how custody orders need to be written to stand. Continue reading →

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The holidays are an exciting time to get together with family and celebrate being together, but for a single parent it can be full of challenges. Whether you have a great co-parenting relationship or a tumultuous one, you can still make the holidays a time of happiness and cheer. Here are a few ways you can thrive this holiday season and make treasured memories that will last a lifetime. Continue reading →

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In Gallagher-Masonis v. Masonis, 911 S.E.2d 125 (N.C. Ct. App. 2024), the North Carolina Court of Appeals addressed an important question in family law: When can a court review and modify a binding arbitration award involving property division, alimony, and child support? This decision highlights how the North Carolina Family Law Arbitration Act (NCFLAA) interacts with parties’ written agreements and clarifies the extent of judicial oversight in family law arbitration. Continue reading →

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The holidays are a season of giving. We shop for our children, cook up incredible feasts to share with loved ones, decorate our homes to spread joy, and often make end-of-year contributions to our favorite charities. But in the hustle and bustle that comes with December, it’s easy to overlook some of the most vulnerable members of our North Carolina community: the animals in our local shelters. Continue reading →

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The Indian Child Welfare Act (ICWA) was enacted to protect the best interests of Native American children and promote the stability of Native families and tribes. It requires that courts make efforts to keep families intact and prioritize putting children in out-of-home placements that are within the child’s family or community. Further, the child’s tribal nation and family have a right to participate in decisions regarding foster placements. Continue reading →

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There are numerous factors courts must consider when making custody and visitation determinations, but the preeminent factor is the best interest of the child. In some cases, courts may weigh the child’s preference as part of their overall considerations, but this is handled on a case-by-case basis. The child’s age, maturity, and ability to understand the implications of such a decision may impact a court’s willingness to consider the child’s preferences. Continue reading →

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Wasting a court’s time and resources can lead to hefty fines and other penalties for parties who file bad faith complaints. Attorney fees are often awarded in cases where the court determines the plaintiff or other moving party filed their claim in bad faith. Continue reading →

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Most divorces involve some level of property distribution, including tangible and intangible items like furniture, vehicles, houses, bank accounts, and retirement accounts. Spouses who own businesses may also be required to divide the value of their business as part of an equitable distribution order. Continue reading →

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Courts must have jurisdiction to hear a case. Jurisdiction can be established in numerous ways, including by subject matter or geography. If a party to a case wants to appeal a ruling, the court of appeals must ensure they have appellate jurisdiction, which is the authority to review a lower court’s decision. Interlocutory appeals present unique challenges when determining appellate jurisdiction because there are strict rules concerning the types of orders and judgments that can be appealed, such as whether or not the appealed ruling is considered final. Continue reading →

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Which spouse will stay in the marital home and who will pay the mortgage during separation are among the many considerations in divorce matters. If the spouse who is not staying in the home pays the mortgage, do they get reimbursed for that money after the divorce? What happens if the marital home is awarded to the spouse who paid the mortgage? Continue reading →