As the holiday season approaches, celebrations and gatherings often include alcohol, increasing the possibility of drinking and driving. Beyond immediate safety concerns, driving under the influence (DUI) can have lasting impacts on individuals, especially when it comes to family and custody matters. In North Carolina, a DUI conviction can significantly…
Parents and guardians who wish to change their child custody order typically must file a motion to modify. Additionally, the parent who files the motion, sometimes referred to as the moving party, must prove that there has been a substantial change in circumstances that impacts the child’s wellbeing. Can a…
North Carolina law states that custody of a child may be granted jointly to both parents or exclusively to one parent, but how is that decision made in custody cases? All North Carolina orders for custody must be based on what arrangement will promote the best interest and welfare of…
Parents have a protected right to care for their children in North Carolina, and that right affords them some significant protections when it comes to custody and visitation. For instance, third parties like grandparents can seek visitation and custody only in very limited circumstances. However, when parents are involved in…
Custody decisions are largely based on the best interests of the children. This may sound like a simple decision-making process, but the variables involved are complex. Courts must consider the child’s physical and mental health, physical safety, and developmental needs. Moral standards are also relevant when deciding custody. It is…
There have been many cases in North Carolina that establish the strength and importance of a parent’s constitutionally protected right to the care and control of their children. Another recent decision in the North Carolina Court of Appeals has further established this right for biological parents, showing that it is…
Parents have a constitutionally protected right to take care of their children, which includes making decisions about whom their children will spend time with. It is difficult to overcome this parental presumption. Grandparents who wish to seek visitation with their grandchildren should be aware that there are strict rules in…
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…
There must be a substantial change of circumstances in order to request a modification to a child custody order in North Carolina. Additionally, that change must affect the child or children’s welfare. Conflict between parents certainly does impact a child, but does it satisfy this requirement if this conflict has…
Modifying court-ordered custody arrangements in North Carolina requires a substantial change in circumstances and an impact on the child caused by those circumstances. What evidence must parents or guardians provide when showing a change has occurred? It depends completely on the specifics of each case, but one requirement is that…