M.E.G. v. C.P., unpublished (2021). It is not unheard of for one parent to move out of state. If the parties have minor children together, then the question is which parent is primarily going to have custody of the children. Many factors may come into play when making the determination.…
Lewis v. Lewis, No. COA06-599 Benjamin Lewis (“Ben”) and Gina Lewis (“Gina”) married on January 1, 1994 and had two children. Ben and Gina divorced on August 17, 1998. On June 26, 1998, Ben and Gina executed a separation agreement wherein they agreed to exercise joint custody of the…
Crews v. Paysour, 261 N.C. App. 557 (2018) Facts: Plaintiff and Defendants are the parents of a minor child. In 2012, Plaintiff filed an action for custody and child support. A temporary order for child support was entered in August of 2012. The parties were both in medical school at…
Gray v. Holliday, COA20-425 (May 2021) (unpublished). In Greensboro, grandparent visitation rights may be awarded if the Court deems it appropriate. This often happens by intervening in the custody battle being fought by the custodial parents. But what happens when one of the parents passes away before the custody issue…
Warren DSS v. Gerrelts, No.COA20-868 (June 2021). This is an oddity of a case. Civil procedure has an interesting quirk called choice of law. It is an intensely fact-driven area of law that is still being actively researched and written about. Just the mere mention of the Erie Doctrine is…
Handerson v. Wittig, No.COA20-924 (July 2021). Modifications to child custody orders require a substantial change in circumstances affecting the welfare of the child. The change in circumstance is the gatekeeper. That alone will not amount to modification; the court still needs to determine if the change in circumstance affects the…
Craven County o/b/o Jessica L. Wooten v. Adel Hageb (No. COA20-442) Defendant Adel Hageb (“Father”) and Plaintiff Jessica L. Wooten (“Mother”) were never married but were involved in a romantic relationship. Mother gave birth to a child in 2016 and another child in 2017. After it was determined that…
Graham v. Jones, 270 N.C. App. 674 (2020). In North Carolina, grandparents have the ability to have their concerns for custody and visitation heard by the courts. Our statutes allow any parent, relative, or other person claiming a right to custody to institute an action for child custody. Grandparents are…
Browne v. Browne, 101 N.C. App. 617 (1991). Child support in North Carolina is most commonly determined by using the presumptive guidelines. We have written about the use of the guidelines in the past, such as here. But not every case will be a guideline case. The guidelines themselves indicate…
Child support and child custody are frequent issues when spouses are planning to divorce. Today we will discuss some of the most basic aspects behind these two broad and complex issues. How do you file a claim for custody and/or support? What are the governing laws in North Carolina? And…