BOYLES V. ORRELL, 2022-NCCOA-916 (unpublished). Facts: Mother and Father married in 2014 and separated about four months later. The couple had a daughter together, who is eight years old. The parties entered into a consent custody order and the mother had primary physical custody. In March of 2020, the trial…
Articles Posted in children
Tips for Holidays with Adopted Children
It’s your first holiday with your adopted child and you’ve done everything to make it perfect, with magazine-worthy tables of food, a home full of beautiful decorations, and lights twinkling just right in the annual family photo – at least until the dog eats the turkey, the cat knocks down…
Closing Loopholes in the DVPO Statute
Keenan v. Keenan, 2022-NCCOA-554, No. COA21-579 (Aug. 16, 2022) In August 2020, Plaintiff’s ex-husband came to Plaintiff’s house to cut her grass. Seems innocent enough, right? But Defendant ex-husband had a history of physically, verbally, and emotionally abusing Plaintiff, had been texting Plaintiff inappropriate things, had been told multiple times…
Accessing Adoption Records: Part 1
Many adopted children grow up wondering, “Where did I come from?” Until the last 20 years or so, the only way to answer that question was to ask a court to unseal your adoption records, which rarely worked. However, as society has gained a greater understanding of the possible psychological…
Forming a Three + Parent Family
If you are an intended parent who lives in a state that does not allow more than two persons to be named as legal parents on a child’s birth certificate, it is valuable to consider all your options when deciding the legal structure of your growing family. The law is…
Three or More Parents: An Introduction
In the United States, fewer than half of the children live in a household with just their siblings and married parents. The other children live in a variety of relationships and family structures that often mean that more than two people act as parents in a child’s life. Blended Families…
PRIDE and Family Law
Part 8: Supporting your LGBTQIA+ Child When Others Won’t As a good parent, you love your child no matter what, regardless of their gender identity or sexual orientation. Watching your child face discrimination and rejection is heartbreaking, and of course you want to protect them from that pain as much…
PRIDE and Family Law
Part 4: Palmore v. Sidoti (466 U.S. 429 (U.S. Apr. 25, 1984)) In custody battles between straight/LGBTQIA+ couples, one of the most common arguments that is brought up against the LGBTQIA+ parent is the concern that the child will face social stigma or bullying because the child resides with a…
PRIDE and Family Law
Part 1: Custody Battles for LGBTQIA+ Parents Every parent involved in a custody battle harbors at least some fear that they may lose custody of their child, no matter how unlikely it is. This fear is even greater for LGBTQIA+ parents, and understandably so. While acceptance for LGBTQIA+ individuals may…
Surrogacy, Part 4: Gamete Donor Contracts
Surrogacy and in-vitro fertilization are generally not possible without gamete donors. However, like surrogacy contracts, gamete donation isn’t addressed by North Carolina statutes or cases. Both donors and intended parents need to protect themselves under North Carolina’s contract laws by making sure they have a strong contract addressing their interests.…