Child support and child custody are frequent issues when spouses are planning to divorce. Today we will discuss some of the most basic aspects behind these two broad and complex issues. How do you file a claim for custody and/or support? What are the governing laws in North Carolina? And…
Family law and child custody have once again been brought to the forefront of Hollywood news with the recent announcement that Judge John Ouderkirk has decided to award Brad Pitt joint custody of his children with Angelina Jolie. The decision applies to five Jolie-Pitt children who are all under the…
There are two main types of child custody in North Carolina: joint and exclusive/sole. In our state, the court’s job is to determine which parent serves the best interests of the child, after hearing and weighing all the evidence. The standard is probably uniform across all jurisdictions at this point.…
Baldwin v. Baldwin, unpublished (2021). After separation and divorce, it is not unheard of for one spouse to move out of state. If the former couple had minor children together, then the question is which spouse is primarily going to have custody of the children? Many factors may come into…
The month of May is Mental Health Awareness Month. Each year, the National Alliance on Mental Illness (“NAMI”) joins the national movement to raise awareness about mental health. For the year 2021, the message “You Are Not Alone” is the amplifying theme for the month. This theme is relevant now…
Fecteau v. Spierer, COA20-532 (2020). Child custody orders are modifiable under North Carolina law. In order to modify, the party seeking a modification must show a substantial change in circumstances, from those found in previous order, that warrants modification. It may seem obvious that big changes in the custodial parent’s…
Fecteau v. Spierer, COA20-532 (2020). Child custody orders are modifiable. In order modify, the party seeking a modification must show a substantial change in circumstances, from those found in the previous order, that warrants modification. In some cases, primary physical custody is awarded to a nonparent. Most often, this nonparent…
North Carolina General Statute § 14-39 defines kidnapping as the unlawful confining, restraining, or removing from one place to another, anyone 16 years of age or older without their consent and holding them for ransom, in furtherance of or fleeing a felony, causing serious bodily harm or terrorizing or holding…
Bradley v. Bradley, No. COA20-48 (unpublished) Plaintiff and Defendant married on May 20, 2006 and divorced on July 15, 2015. The parties had one daughter born March 7, 2011. The parties’ daughter was three years old when the original custody order was entered. Defendant filed a motion to modify…
In Chica v. Chica, the North Carolina Court of Appeals, in an unpublished opinion, reviewed Plaintiff Father’s appeal of the trial court’s December 6, 2018 Order finding him in civil contempt and establishing purge conditions. Plaintiff Father also appealed the trial court’s April 2019 Order denying, in part, Plaintiff’s Motion…