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Articles Posted in Children

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Imputation of Income for Child Support

Angel v. Sandoval, COA20-236 (unpublished 2020). If your ex, or you, lost a job and income and considered modifying child support to a lower amount in response, it may not always mean that the modification will be granted. Here in North Carolina, it depends on the circumstances surrounding the job…

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Social Security Survivor’s Benefit and Adoption

There are unfortunate times where one individual who has become fully insured for social security benefits passes away or gives up a child for adoption. In such cases, however, the Social Security Administration has enacted rules to pass on the benefit to the children. But exactly what happens when the…

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Grandparent Visitation After Death of a Parent

Alexander v. Alexander, ______ N.C. _______ (2021) (COA19-391). In Greensboro, Grandparents may be awarded visitation rights if the Court deems it appropriate. Often, it is by intervening in the custody battle being fought by the custodial parents. Even after a final custody order is entered, a Grandparent may seek visitation…

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Parental Kidnapping

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…

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Relocation and Child Custody Modification

Bradley v. Bradley, No. COA20-48 (unpublished)   Plaintiff and Defendant married on May 20, 2006 and divorced on July 15, 2015.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…

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Life Insurance, Separation Agreements, and Future Support for Children

Suppose that you are recently separated or divorced and have minor children. Should you have a life insurance policy in place to ensure sufficient resources are available to provide for your children if you suddenly die? What factors must you consider before taking out a life insurance policy to benefit…

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Civil Contempt and Child Custody

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…

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Child Custody and Excusable Neglect

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…

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Decision-Making in Child Custody

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.…

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Guardianship of Minors in North Carolina

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…

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