There are multiple requirements you should be aware of if you plan to appeal an alimony order in North Carolina, and the deadline for noting your appeal is among the most important. You have only 30 days to file your notice of appeal. Missing this deadline could result in the…
In custody and visitation cases, grandparents are considered third parties. North Carolina does not allow third parties to seek custody or visitation unless certain conditions are met. First, filing for visitation requires that the child’s family is not intact, which means there must be an ongoing issue like an open…
Jurisdiction is the authority of a particular court to hear and rule on a case, and it is a crucial part of any court proceeding. There are multiple types of jurisdiction, such as territorial and subject matter. Territorial jurisdiction refers to a court’s ability to hear cases relating to a…
There are some situations in which a non-parent may be required to pay child support in North Carolina, but there are strict requirements that must be met. In most cases, non-parents are not obligated to pay child support. A recent Court of Appeals case dealt with this issue, stating that,…
North Carolina child support is calculated using various elements like the needs of the child and the custody arrangements, but income is one of the most significant factors in child support determinations. In most cases, the income each parent presently and actually earns is used to calculate support obligations. However,…
Equitable distribution is available in North Carolina divorces whenever either party requests it. The court will determine the most equitable division of assets and debts, which is not always an equal split. Determining the most equitable distribution of the spouses’ property involves various factors, including: Income of each spouse at…
Grandparents can only file for visitation during an ongoing custody dispute between the parents or if they can prove the parents are unfit. What happens if the parents’ custody case is resolved before the court has a chance to decide on grandparent visitation? This was the question at the center…
Y Michael Yin, JD GREEN V. CARTER, 2024-NCCOA-______ (2024). Facts: The case involves two women, Mother and Partner, who had an on-and-off romantic relationship and planned to have a child together through IVF. Although only one woman gave birth and was listed as the mother on the birth certificate due…
IN RE: H.G., 2023-NCCOA-______ (2023) (unpublished). Facts: In June 2012, the respondent adopted Heather, along with her older sisters Sally and Ellen. In a prior legal proceeding, allegations of improper discipline led to the adjudication of neglect and dependency for Heather, and abuse, neglect, and dependency for Sally and Ellen.…
Custody and parental rights are understandably sensitive topics, which is why having an experienced North Carolina custody lawyer on your side can make a difference. Determining custody of a child is a challenging process. There are numerous laws and considerations that are factored into a custody decision, and one recent…