JACOBS V. DUDLEY, 2021-NCCOA-571 (19 October 2021). Child custody can be hotly contested. Often people will have third parties (i.e., not the parents or guardians of the child) involved in some custody disputes. These people include teachers, doctors, therapists, and extended family members. Such individuals are often asked to come…
Articles Posted in ClientVille
Child Custody With Two Military Parents
The trial court awarded Plaintiff-Father Issac Munoz primary physical custody of the parties’ daughter. Defendant-Mother Cassandra Munoz appealed. The parties married in 2012 and the minor child was born in 2015. Mother was, and still is, a member of the United States Army. In 2016, the Mother was stationed at…
Same-Sex Couples and Custody
Alaska’s Supreme Court recently decided an issue revolving around custody of a minor child born through artificial insemination to a same-sex couple. As same-sex marriages and reproductive technologies continue to be more commonplace, we are seeing an increase in cases that involve such parties. The law, as always, lags behind…
Oral Stipulations Still Not Binding
ZIMMERMAN V. ZIMMERMAN 2021-NCCOA-485 Previously, we have written about the use of stipulations in a case to maximize efficiency and what is required in an oral stipulation in the context of Equitable Distribution. (Our courts have held, for an oral stipulation on Equitable Distribution to be valid, that the parties…
Custody Modification and Prior Events
Blackwell v. Blackwell 2021-NCCOA-537 Facts: Mother and Father began a child custody action. Mother subpoenaed numerous mental health documents from healthcare providers. These documents would have purportedly been used at trial to establish Father’s mental health and substance abuse. In 2016, the parties had consented to a custody schedule in…
Surrogacy and Custody
There is a mess of a custody case in Massachusetts (MA) that arose from a very reckless surrogacy situation. Apparently, a same-sex couple posted to social media asking for help having a baby. A friend then offered to conceive with her boyfriend (read: the baby would be biologically unrelated to…
Covid and Imputation of Income
Snowden v. Jaure, (Wyoming Supreme Court) With Covid-19 raging for over a year now, many families have been affected and often negatively. Job loss is just one consequence of the pandemic. This has caused a loss in income for many individuals. In families going through a custody case, it means…
Custody with Facetime and Contempt
There have been phones and computers around for decades now, and in the child custody context they have been instrumental in providing access to children for noncustodial parents. But since Facetime has come around, we are beginning to see some court documents, specifically custody orders, reference Facetime when crafting custodial…
Self-Care Awareness
September is National Self-Care Awareness Month. It is a time to remind yourself that you should tend to yourself just as much as you tend to others. Self-care is different for everyone. For some, it’s a brief escape from reality in a good book or movie. For others, it can…
Psychological Evaluations and the Coleman Murders
Matthew Taylor Coleman and his wife, Abby Coleman, were living a picturesque life in their Santa Barbara, California home with their two young children—Kaleo, a two-year-old boy, and Roxy, a ten-month-old girl— when events took a turn for the worse. While the family was packing for a camping trip, Matthew…