There must be a substantial change of circumstances in order to request a modification to a child custody order in North Carolina. Additionally, that change must affect the child or children’s welfare. Conflict between parents certainly does impact a child, but does it satisfy this requirement if this conflict has…
Modifying court-ordered custody arrangements in North Carolina requires a substantial change in circumstances and an impact on the child caused by those circumstances. What evidence must parents or guardians provide when showing a change has occurred? It depends completely on the specifics of each case, but one requirement is that…
North Carolina and almost every other state uses the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to determine jurisdiction. The UCCJEA uses four elements to determine jurisdiction in initial custody cases: Home state Significant connection More appropriate forum No other state or vacuum These factors are applied in a…
Grandparents are inarguably a vital part of a child’s life, but the decision to include them is ultimately up to the parents. It can be devastating for grandparents when contact with their grandchild has been restricted. What are your options as a grandparent for seeking court-ordered visitation in North Carolina?…
Parents in North Carolina can request that the court modify a custody order, but changing custody and visitation arrangements will only be possible in certain situations. North Carolina Law State law establishes that either party to a custody order is allowed to file a motion to modify or vacate the…
North Carolina statute allows anyone who claims to have a right to custody of a child to initiate a custody proceeding. Grandparents have a broad privilege to file a custody action, but how likely are they to be successful? A Parent’s Constitutional Rights and Parental Unfitness Grandparents who seek custody…
The division of property is one of the most significant factors in many North Carolina divorces. Spouses accumulate substantial assets and debts throughout their marriage, including real estate, retirement accounts, investment portfolios, vehicles, and bank accounts. North Carolina statutes support equitable distribution, meaning that if either spouse requests it a…
North Carolina courts base spousal support decisions on the financial requirements of each spouse and their respective incomes. This is the general approach taken whenever a party in a divorce moves for post-separation support. However, many spouses wonder if marital misconduct factors into temporary support obligations, and the answer is…
Alienation of affection and criminal conversation may be available legal remedies in North Carolina if your spouse has an affair. Alienation of affection holds the paramour (the person your spouse cheats with) liable for interfering in a marital relationship. Criminal conversation holds that person responsible for engaging in sexual activity…
Typically, custody is only granted in North Carolina between two biological parents or if it is determined that a parent is unable to care for the child. The constitutional rights of a biological parent are difficult to overcome, and courts give greater weight to that relationship over others. However, this…