Dear Carolyn, I have a domestic violence protective order, but the one year expires next month. I am still afraid of her. She came at me with a knife, but luckily, I was able to get away. She still posts statements on Facebook that let me know she is still…
Articles Posted in about law
Calendar Call?
Prior to the beginning of each session of court, a calendar call takes place. Family law attorneys across the Triad are familiar with this process in which hearing dates are selected prior to an upcoming session of court. Though it may seem simple to select a date for your hearing…
His & Hers: Equitable Distribution
Equitable Distribution, in a nutshell, is giving each party to a marriage what they are entitled regarding property acquired during the marriage. As one of the pillars of many divorce proceedings, it is commonly the most complex aspects, requiring extensive research into the lives of individuals going through a divorce. …
The Third and a Half Wheel: Divisible Property (Daly v. Daly)
The two big classifications of property in all equitable distribution cases are “marital” and “separate” property. These are the ones the get all the attention and are subject to some of the most intense scrutiny and debate; however, there is a third area of property that is equally as important…
Your Day at the Courtroom as a Witness or Spectator
By Carolyn J. Woodruff, North Carolina Family Law Specialist It is a privilege in our society to be in a civil courtroom. Courtrooms are places of decorum and are necessary to our system of justice and our freedom. Without witnesses, a trial cannot go forward. Without trials, our freedoms suffer.…
Who Can Apply for Custody in NC: Part 4
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.…
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.…
“Doctor, Doctor, give me the news……”
By: Leesa M. Poag, Attorney, Woodruff Family Law GroupRecently, the North Carolina Court of Appeals has taken steps to hold medical professionals accountable when they become involved in legal proceedings. Family law attorneys in North Carolina are familiar with the process of a custody evaluation performed by a licensed psychologist. The Court of Appeals recently held that these…