The topic of an intact family may come up in some North Carolina custody and visitation cases. Why does this matter? The intact family factor is not relevant to every case, but it is pivotal when a non-parent seeks custody or visitation. The 1995 case of McIntyre v. McIntyre established…
Articles Posted in Children
National Equal Pay Day and Child Support
Pay is an important factor under the North Carolina Child Support Guidelines. It is critical for parents to be employed at their best potential for income to support children. This emphasis on fair compensation and financial stability aligns with the principles of National Equal Pay Day, which highlights the importance…
When Are Non-Parents Granted Custody in North Carolina?
A parent-child bond is more than just an emotional connection; it’s also a strong legal force. In North Carolina, parents have a constitutionally protected interest when it comes to their relationship with their children. Non-parents can be granted custody, but there are strict guidelines for when that can occur. Awarding…
When Can a Grandparent File for Visitation in North Carolina?
Extended family members often play an important role in a child’s life. The bond that children share with people such as their grandparents contributes to their development, but it is generally a parent’s decision as to which relationships their children can have. In North Carolina, parents have a right to…
Custody When the Custodial Parent Dies
It is always tragic when a child loses a parent, but what happens when the parent who passes away is the custodial parent? North Carolina courts must grant custody to someone else, and priority is given to biological parents in most cases. Awarding Custody After a Death Parents are allowed…
Divorce and Who Can Claim Minor Children on Tax Returns
The financial impact of a divorce is often one of the longest-lasting challenges that families will face. Divorces can be expensive, even without the changes in household income and bills. This is especially true for divorced couples with children. The way divorced parents approach filing their taxes each year is…
How is Child Support Determined in a Divorce?
North Carolina allows divorcing parents to agree on their own terms for child support payments, but more often parents rely on the court to make a determination. Calculating Child Support in North Carolina The state has guidelines to determine the amount of support based on the financial situation of each…
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…
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…
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…