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Articles Posted in Children

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Spanking

 By Carolyn Woodruff, North Carolina Family Law Specialist, JD, CPA, CVA

In North Carolina, should your parenting agreement contain a provision regarding spanking? A hot topic, and sometimes explosive in a “spare the rod, and spoil the child” mentality. So what does the research say? Finally, we may have the definitive answer regarding spanking. A new research study looks at the…

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You Have to Let Them Grow Up

by Tina Ray, Legal Assistant

Children aren’t children for long.  Tiny humans grow into little people with their own personalities and then into young adults with their own opinions and voice.  My daughter is 17 years old and a senior in high school.  I’ve watched her develop from a mini-me to a mature, independent young…

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Termination of North Carolina Parental Rights for Willful Abandonment

Can the court terminate a parent’s rights for willful abandonment of the children? Are there steps a parent estranged from his child can take to ensure this doesn’t happen? In a recent North Carolina appellate decision, the court considered willful abandonment and termination of parental rights. The case arose when…

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Modification of North Carolina Child Custody Order Due to Mother’s Improvement

In North Carolina, custody can be modified when there is a substantial change of circumstances, but importantly, this change need not be adverse. A positive change can also be the basis for a modification of North Carolina child custody. In a recent appellate decision, the court considered modification of custody…

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When Should North Carolina Courts Split Decision Making Authority for a Child?

Sometimes parents disagree as to the best course of treatment for a child’s mental health or health condition, or with regard to education. These issues came up in a recent North Carolina child custody appellate decision, in which a father appealed the court’s order giving a mother primary physical custody…

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North Carolina Court Considers Whether Income Should Be Imputed to Mother of Small Children

In a recent unpublished opinion of a North Carolina child support decision, a court considered a child support order involving a mother who was voluntarily unemployed. The father had appealed from the lower court’s child support order claiming that the lower court had made a mistake in concluding as a…

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Are 529 Savings Plans Legally Considered a Gift to Children in North Carolina?

A 529 Savings Plan allows parents to put aside money for their kids’ college expenses under tax-favorable conditions. How should trial courts classify the money in a 529 Savings Plan that is created and funded during marriage when a couple is getting a divorce? In a recent North Carolina marital…

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North Carolina Mother Required to Attend Program After Alienating Children from Father

In a recent appellate court decision that discusses an aspect of North Carolina custody law, a mother appealed from an order that granted her and the father joint custody of teenage children pending the start of a reunification program. The program was supposed to fix the kids’ relationship to their father,…

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It’s My Birthday, and I’m How Old? 

by Tina Ray, Legal Assistant

Growing up in a tiny town near Greensboro, N.C., I can remember being a kid and playing in the yard, getting skinned knees and bee stings.  That’s what we did “back then.”  I remember picking up pecans and climbing trees and riding my bike.  We had a rotary dial telephone. …

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