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Articles Posted in child custody

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Grandparent Visitation After Death of a Parent

Alexander v. Alexander, ______ N.C. _______ (2021) (COA19-391). In Greensboro, Grandparents may be awarded visitation rights if the Court deems it appropriate. Often, it is by intervening in the custody battle being fought by the custodial parents. Even after a final custody order is entered, a Grandparent may seek visitation…

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The Child Tax Credit and Your Relief Check

Spring in Greensboro brings certain things. Pollen, unexpected rain showers, warmer weather, and taxes. The American Rescue Plan was enacted as part of ongoing Covid-19 relief. This plan provides an additional relief check, subject to income-cap requirements based on either 2019 or 2020 tax returns (most recent filed). The Plan…

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Relocation and Child Custody Modification

Bradley v. Bradley, No. COA20-48 (unpublished)   Plaintiff and Defendant married on May 20, 2006 and divorced on July 15, 2015.  The parties had one daughter born March 7, 2011.  The parties’ daughter was three years old when the original custody order was entered.  Defendant filed a motion to modify…

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Life Insurance, Separation Agreements, and Future Support for Children

Suppose that you are recently separated or divorced and have minor children. Should you have a life insurance policy in place to ensure sufficient resources are available to provide for your children if you suddenly die? What factors must you consider before taking out a life insurance policy to benefit…

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Civil Contempt and Child Custody

In Chica v. Chica, the North Carolina Court of Appeals, in an unpublished opinion, reviewed Plaintiff Father’s appeal of the trial court’s December 6, 2018 Order finding him in civil contempt and establishing purge conditions. Plaintiff Father also appealed the trial court’s April 2019 Order denying, in part, Plaintiff’s Motion…

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Child Custody and Excusable Neglect

In Price v. Boccardy, the North Carolina Court of Appeals, in an unpublished opinion, reviewed Defendant’s appeal from the trial court’s order denying Defendant’s Rule 60(b) motion to set aside a final custody order. Price v. Boccardy,  COA20-127 (N.C. App 2020). Facts:  Plaintiff and Defendant were the parents of a minor…

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Decision-Making in Child Custody

Ward v. Halprin, ___ N.C. App. ____. Child custody has the potential to be heavily contested. In some cases, one parent wants to be able to have sole decision-making authority. In North Carolina, the ability to make these decisions is termed “legal custody.” Courts often grant parents joint legal custody.…

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Guardianship of Minors in North Carolina

In the Matter of R.D.B., A Minor Child (No. COA19-1019)   Many children in Guilford County have guardians appointed by the court for a variety of reasons. A child who no longer has any living biological parents is a common example of when a court will appoint an adult to…

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DVPOs and Claimant Credibility

In Reece v. Holt, the North Carolina Court of Appeals, in an unpublished opinion, reviewed N.C.G.S. Chapter 50 for child custody and subject matter jurisdiction. Plaintiff Father claimed that an ex parte order established a “presumption” supporting a claim for domestic violence under N.C.G.S. § 50B. This article will focus…

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COVID Vaccines and Child Custody – Who Decides?

The recent rollouts of the COVID-19 vaccines have revealed differences of opinion as to who will and who will not take the vaccine. When you are separated or divorced, who decides for the children? North Carolina General Statutes 130A-156 and 130A-157 permit parents to exempt their children from vaccinations for…

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