Parents have a protected right to care for their children in North Carolina, and that right affords them some significant protections when it comes to custody and visitation. For instance, third parties like grandparents can seek visitation and custody only in very limited circumstances. However, when parents are involved in…
In custody and visitation cases, grandparents are considered third parties. North Carolina does not allow third parties to seek custody or visitation unless certain conditions are met. First, filing for visitation requires that the child’s family is not intact, which means there must be an ongoing issue like an open…
Jurisdiction is the authority of a particular court to hear and rule on a case, and it is a crucial part of any court proceeding. There are multiple types of jurisdiction, such as territorial and subject matter. Territorial jurisdiction refers to a court’s ability to hear cases relating to a…
There are some situations in which a non-parent may be required to pay child support in North Carolina, but there are strict requirements that must be met. In most cases, non-parents are not obligated to pay child support. A recent Court of Appeals case dealt with this issue, stating that,…
North Carolina child support is calculated using various elements like the needs of the child and the custody arrangements, but income is one of the most significant factors in child support determinations. In most cases, the income each parent presently and actually earns is used to calculate support obligations. However,…
In a recent case involving trust property in an equitable distribution dispute, the North Carolina Court of Appeals vacated and remanded a trial court’s decision not to add a trust as a necessary party to the case. In Wenninger v. Wenninger, Husband appealed from three orders entered by the trial…
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a uniform state law that has been enacted by the majority of states, including North Carolina. The UCCJEA establishes subject matter jurisdiction in child custody cases and indicates which court has the authority to decide on a custody issue. North…
Subject matter jurisdiction is the right of a specific court to hear a case and make rulings on the issues. In child custody cases, North Carolina uses the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which says that jurisdiction can be established in the following ways: Initial child custody…
Modification of child support may be an option if there has been a material change in circumstances. Parents often use a change in income to justify a recalculation of child support, but this is not always a relevant reason. Groseclose v. Groseclose Father in Groseclose v. Groseclose had previously been…
When one spouse in a divorce makes considerably more money than the other spouse, alimony (or spousal support) may be awarded to the spouse who earns less. This spousal support will vary in amount depending on the finances and assets of the husbands and wives, and it can come with…