Warren DSS v. Gerrelts, No.COA20-868 (June 2021). This is an oddity of a case. Civil procedure has an interesting quirk called choice of law. It is an intensely fact-driven area of law that is still being actively researched and written about. Just the mere mention of the Erie Doctrine is…
Handerson v. Wittig, No.COA20-924 (July 2021). Modifications to child custody orders require a substantial change in circumstances affecting the welfare of the child. The change in circumstance is the gatekeeper. That alone will not amount to modification; the court still needs to determine if the change in circumstance affects the…
Craven County o/b/o Jessica L. Wooten v. Adel Hageb (No. COA20-442) Defendant Adel Hageb (“Father”) and Plaintiff Jessica L. Wooten (“Mother”) were never married but were involved in a romantic relationship. Mother gave birth to a child in 2016 and another child in 2017. After it was determined that…
Graham v. Jones, 270 N.C. App. 674 (2020). In North Carolina, grandparents have the ability to have their concerns for custody and visitation heard by the courts. Our statutes allow any parent, relative, or other person claiming a right to custody to institute an action for child custody. Grandparents are…
The American Rescue Plan Act of 2021 (hereinafter “Plan”), also called the COVID-19 Stimulus Package, was passed by Congress and officially signed into law by President Joe Biden on March 11, 2021. The Plan seeks to aid the economy in recovering from the effects of the COVID-19 pandemic. One significant…
Browne v. Browne, 101 N.C. App. 617 (1991). Child support in North Carolina is most commonly determined by using the presumptive guidelines. We have written about the use of the guidelines in the past, such as here. But not every case will be a guideline case. The guidelines themselves indicate…
A lawsuit is initiated the day it is filed with the court. But the rules of law usually require that before your requested relief can be granted the other side gets their day in court. This is the fundamental basis of our legal system. It is one predicated not only…
Child support and child custody are frequent issues when spouses are planning to divorce. Today we will discuss some of the most basic aspects behind these two broad and complex issues. How do you file a claim for custody and/or support? What are the governing laws in North Carolina? And…
June is National Children’s Awareness Month. This month brings awareness to children’s safety and well-being and provides the perfect opportunity to generate awareness on child abuse and neglect. Just recently, U.S. Senators Roy Blunt (Mo.) and Amy Klobuchar (Minn.), co-chairs of the Congressional Coalition on Adoption, announced that they have…
Family law and child custody have once again been brought to the forefront of Hollywood news with the recent announcement that Judge John Ouderkirk has decided to award Brad Pitt joint custody of his children with Angelina Jolie. The decision applies to five Jolie-Pitt children who are all under the…