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…
Articles Posted in Custody
Relocation With Children to Another State After Separation and Divorce
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…
Co-Parenting During Pandemic Court Closures
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…
Holidays and Child Custody in the Time of COVID-19
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…
Holiday Travel, Child Custody, and a Surge of COVID
Holiday travel and child custody issues are often sources of contention between parents. Ensure that your custody order allows you to travel out of state with your children before leaving your state. Suppose there is no language to prevent either parent from taking the children out of the state. In…
Registration of Foreign Orders: Mandatory or Optional?
So you’ve moved to Guilford County from Florida and up until your move you and your ex-spouse have been operating under a child custody order that was entered by a judge in a district court in Florida. Now what? North Carolina General Statutes § 50A-305 provides guidelines for registration of…
Child Custody at the Holidays
With the 2020 holidays rapidly approaching, newly separated and divorced parents may be experiencing increased stress over when and how to deal with spending the holidays sharing their children. The first thing to remember is that if you have a child custody order entered by the court, you must follow…
Domestic Violence, Child Custody, and Visitation
In Jordao, the North Carolina Court of Appeals reviewed N.C.G.S. § 50-13.2 and how the statute requires the trial court to evaluate all relevant factors, including domestic violence in determining if custody and visitation is in the best interest of a child. Jordao v. Jordao, No. COA19-858 (N.C. Ct. App.…
Child Custody and Trial by Combat
We all love a good Mulan-esque warrior story with a happy ending. Family law attorneys have seen it all and are the warriors and champions of family law related issues. Delving into the chaotic family disputes that clients present daily means almost nothing could come as a surprise. Yet, when…
Child Custody and Mediation and What You Should Know
If you plan to file a child custody action in North Carolina, you will be required to participate in a Custody Mediation Program. Each district in North Carolina has specific operational procedures laid out in their local rules, and the rules for each county can be viewed online at www.NCcourts.gov.…