Close

Articles Posted in Children

Updated:

Expert Witnesses and Child Custody

AMAN V. NICHOLSON, 2023-NCCOA-________ (2023).  Facts:  Plaintiff and Defendant are parents of a minor child. They separated in fall of 2019. Plaintiff filed for custody, and a temporary order was entered. The temporary order granted joint legal custody (decision making) and primary physical custody to the Plaintiff, visitation to Defendant.…

Updated:

Appellate Practice Clarification

AMAN V. NICHOLSON, 2023-NCCOA-________ (2023).  Facts:  Plaintiff and Defendant are parents of a minor child. They separated in fall of 2019. Plaintiff filed for custody, and a temporary order was entered. The temporary order granted joint legal custody (decision making) and primary physical custody to Plaintiff, visitation to Defendant. It…

Updated:

Attorney Fees When Support and Custody Are Involved

LIMERICK V. ROJO-LIMERICK, 2023-NCCOA-________ (2023).  Facts:  Plaintiff and Defendant are parents of a minor child. In August of 2020, Plaintiff filed for divorce from bed and board, child custody and child support, and attorney fees. Defendant counterclaimed for custody, child support, equitable distribution, alimony, and attorney fees. Defendant then voluntarily…

Updated:

Standing and Jurisdiction in Nonparent Custody

Gilleland v. Adams, 2023-NCCOA-9 (unpublished)  Facts: Defendant gave birth to a child in 2017. Plaintiff claimed he was the father and filed for custody. Defendant filed her answer and also a motion to dismiss, citing to Rules 12(b)(1) and 12(b)(6) of the North Carolina Rules of Civil Procedure and arguing…

Updated:

The Kardashian-West Divorce

Last year came to an end, but not before Kanye West and Kim Kardashian were able to close the chapter on their formerly wedded life and settle matters associated with their divorce.  It is reported that Kardashian and West will share joint custody of their four children – North, 9,…

Updated:

Child Support – Show the Work

Price v. Price, 2022-NCCOA-928 (unpublished). Facts: In April of 2020, Mother filed a motion to modify child support. A hearing on that motion was eventually calendared for November of 2020. In the meantime, Father had fired his attorney. Father did not show up for the modification hearing, and the trial…

Updated:

Contempt – does it require noncompliance at the time of hearing?

BOYLES V. ORRELL, 2022-NCCOA-916 (unpublished). Facts: Mother and Father married in 2014 and separated about four months later. The couple had a daughter together, who is eight years old. The parties entered into a consent custody order and the mother had primary physical custody. In March of 2020, the trial…

Updated:

Child Support and Credit for Overpayment

BARHAM V. BARHAM, 2022-NCCOA-798 (unpublished). Facts: Plaintiff and Defendant are parents of eight children. At this time, all eight children have attained the age of majority (18). There have been numerous child support orders in their case for their children. When their seventh child graduated from high school and turned…

Updated:

Legal versus Physical Custody

Custody cases have different terms that can be difficult to understand. Most people think of custody as the right to parent their children. After all, what else is there? It turns out it isn’t that simple. A custody order will address both legal and physical custody. What is Legal Custody?…

Updated:

Child Support and Deviation From Guidelines

WINEBARGER v. STEEN, 2022-NCCOA-739. Facts: Mother and Father split and had a case with child support. Mother requested to deviate from the child support guidelines. On 10 June 2021, the trial court imposed a $290.38 child support obligation on Father, consistent with the child support guidelines. No findings or conclusions…

Contact Us