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Articles Posted in Custody

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Misunderstanding a Custody Order Can Lead to Contempt

Child custody orders are court-issued documents that require parents to adhere to a set of provisions regarding custody and visitation. For many parents, understanding the legal terminology included in these orders can be challenging, especially when the provisions are vague or open to more than one interpretation. Ideally, court orders…

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Can a Parent be Held in Contempt for Violating Any Custody Order Provision?

When a North Carolina court enters a child custody order, each parent is required to follow the terms of the order. Most parents understand that violating the basic custody and visitation requirements could get them into trouble. For example, there may be serious consequences if one parent refuses to return…

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Florida Enacts Law for Designated Child Custody Exchange Locations

The Florida House Civil Justice Subcommittee has approved legislation, known as HB 538 or “Cassie’s Law,” which mandates the establishment of safe exchange locations for child custody transitions. The bipartisan bill aims to enhance the safety of child custody exchanges following the tragic case of Cassie Carli, a mother who…

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UCCJEA: Child Custody Disputes and State Jurisdiction

The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is used to determine which state should have jurisdiction in interstate custody cases. It is a uniform law, which means it was written with the intention and hope that each state would adopt it and create uniformity across the country. How…

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Change in Circumstance or Best Interest: Which Comes First?

Child custody orders in North Carolina are binding, and both parents must abide by the terms to avoid facing legal consequences. Despite this, it is possible to modify an order if there has been a change in the circumstances of either party and if the modification is in the best…

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Out-of-State Custody Orders and Jurisdiction for Modifications

Deciding to relocate with children is not always easy, as numerous factors must be considered. Divorced, separated, or unmarried parents with custody orders have additional considerations they must think about both before and after they move. Out-of-State Orders in North Carolina If you’ve recently moved to North Carolina and have…

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Determining Paternity for Child Support Purposes

Establishing legal parenthood is simple for married couples. According to North Carolina law, when a married couple has a baby, both parents are considered the legal parents by default. For unmarried parents, establishing paternity can take a little more effort. Importance of Establishing Paternity   An order for child support…

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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…

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How Child Support Affects Child Custody and Visitation

Child custody and child support are two separate matters,[1] but that doesn’t mean that one cannot impact the other. Custody frequently impacts support since the amount of time the child spends with each parent is a factor in calculating child support obligations. However, many parents wonder if failure to pay…

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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] Custody Orders are Legally Binding…

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