In Price v. Boccardy, the North Carolina Court of Appeals, in an unpublished opinion, reviewed Defendant’s appeal from the trial court’s order denying Defendant’s Rule 60(b) motion to set aside a final custody order. Price v. Boccardy, COA20-127 (N.C. App 2020). Facts: Plaintiff and Defendant were the parents of a minor…
Ward v. Halprin, ___ N.C. App. ____. Child custody has the potential to be heavily contested. In some cases, one parent wants to be able to have sole decision-making authority. In North Carolina, the ability to make these decisions is termed “legal custody.” Courts often grant parents joint legal custody.…
In the Matter of R.D.B., A Minor Child (No. COA19-1019) Many children in Guilford County have guardians appointed by the court for a variety of reasons. A child who no longer has any living biological parents is a common example of when a court will appoint an adult to…
In Reece v. Holt, the North Carolina Court of Appeals, in an unpublished opinion, reviewed N.C.G.S. Chapter 50 for child custody and subject matter jurisdiction. Plaintiff Father claimed that an ex parte order established a “presumption” supporting a claim for domestic violence under N.C.G.S. § 50B. This article will focus…
Mims v. Parker, 839 S.E.2d 433 (N.C. App. 2020) In North Carolina, dog owners can be liable for injuries caused by their dogs. We all love our friendly four-legged companions, but a dog is still an animal that can cause devastating injuries if it reacts poorly to a situation. We…
Suppose you are separated or divorced, or you have recently retired or been placed on disability, and are the parent of a minor child. If you receive dependent benefits through Social Security or the Veterans Administration, your child support obligation may be reduced or eliminated, provided you are not behind…
Spicer v. Spicer, 607 S.E2d 678 (2005) North Carolina child support cases are mostly handled by guidelines that set a presumption on what each parent can pay after considering income, some expenses, and percentage of physical custody. But the guidelines are not the final word in child support. Certain income…
Tuel v. Tuel, 840 S.E.2d 917 (2020). 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? Improvement to quality…
On Friday, December 11, 2020, Chief Justice Cheri Beasley announced that in North Carolina non-essential, in-person court proceedings would be postponed for 30 days, beginning Monday, December 14, 2020. Unfortunately, this has become the norm as the state continues to battle the widespread effects of the coronavirus pandemic. With in-person…
In 2020, the holiday season will be one of the most tumultuous in recent years now that Covid-19 rates are beginning to rise again. For parents with ongoing custody cases or custody orders already in place, it presents an especially trying time. Travel is a large component of every holiday…