When analyzing custody, the issue of who has rights to custody of a minor is commonly focused on the biological parents of the child. In the eyes of the law, under the right circumstances, biological parents may be disfavored in congruence to “third party” individuals who assert rights to custody.…
North Carolina Divorce Lawyers Blog
Who Can Apply for Custody in NC: Part 3, When the Best Interest Standard Doesn’t Apply
By: Leesa M. Poag, Attorney, Woodruff Family Law GroupIn a typical child custody case, the mother and father of a child are seeking the intervention of the court to settle their dispute over who should be granted custody of their child. Though this is the situation most often facing family law attorneys throughout the Triad, the cases become…
Who Has Standing to Apply for Custody in NC: Part 2, Unfitness of Parents
By: Jennifer A. Crissman, Attorney, Woodruff Family Law GroupAs contentious custody cases in the Piedmont progress, it is likely that a parent may be called “unfit.” In a legal context, this word has a specific meaning, and drastic consequences should the court find a parent unfit. In this second installment on standing to apply for custody, we will…
Who Has Standing to Apply for Custody in NC: Part 1, Constitutional Rights
By: Jennifer A. Crissman, Attorney, Woodruff Family Law GroupIf you have been involved with a highly contentious custody case in the Triad, you know that family members will start coming out of the woodwork to ask for custody of the minor children. This phenomenon is even more prevalent when the parents are not adequately caring for their children.…
Heart Balm Torts: Playing Doctor and Nurse (Malecek v. Williams 2017)
By Carolyn J. Woodruff, North Carolina Family Law SpecialistWinston Salem, North Carolina: Malecek v. Williams (2017) Derek Williams is a Forsyth County doctor who had an affair apparently, or at least allegedly, with his nurse. Playing doctor-nurse games got them in trouble with the nurse’s husband, Marc Malecek. The nurse’s then-husband Marc sued Derek for alienation of affection…
Danger Lurking Next Door
Dear Carolyn, I have been reading the horrid stories about children being left in hot cars. I also have been troubled by my next door neighbor leaving her seven-year-old son alone this summer while she goes to work. I have seen this mother lock the door when she leaves in…
Grandparents Have Rights Too!
Dear Carolyn, I know I should have kept my mouth shut during the divorce, but I didn’t. My daughter-in-law ended up with custody (not that it wasn’t somewhat justified), but now she is taking it out on us and won’t let my husband and I see our own grandchildren. We…
Give Mediation a Chance
Dear Carolyn, I have a two-year-old and a five-year-old, and I am separated from their Father. I am filing for custody and divorce. I hear I am going to have to go to mediation with the Father, and I really don’t want to see him. I am not exactly afraid…
Opioids and Domestic Violence Do NOT Mix
by Carolyn Woodruff, North Carolina Family Law SpecialistOpioids are the growing problem in family law. Opioids and domestic violence do not mix and yet yield dreadful consequences. From Greensboro, North Carolina, a 28-year-old woman named Marie Aman will spend many years in prison for the death of a man, who may or may not have been her…
Placing the Blame
By: Leesa M. Poag, Attorney, Woodruff Family Law GroupAfter the death of their eight-year-old son earlier this year, two parents in Ohio have filed a lawsuit against Cincinnati Public Schools. The child hanged himself with a necktie from his bunk bed, an act that his parents claim was a result of bullying he suffered at his elementary school. …