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…
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…
Subject matter jurisdiction is the right of a specific court to hear a case and make rulings on the issues. In child custody cases, North Carolina uses the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which says that jurisdiction can be established in the following ways: Initial child custody…
In civil cases, such as child custody proceedings, either party can serve discovery requests on the other party. Discovery is the term used to describe the process of exchanging documents and information. It can include various methods, including interrogatories, requests for production of documents, requests for admission, and depositions. Parties…
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…
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…
Parents in North Carolina can request that the court modify a custody order, but changing custody and visitation arrangements will only be possible in certain situations. North Carolina Law State law establishes that either party to a custody order is allowed to file a motion to modify or vacate the…
In North Carolina, the courts determine child custody based on the best interests of the child. If a child is taken from their biological parents or legal guardians, there are often reunification procedures in place. However, reunification is not always included in permanency planning orders. Permanency Planning in North Carolina…
North Carolina allows divorcing parents to agree on their own terms for child support payments, but more often parents rely on the court to make a determination. Calculating Child Support in North Carolina The state has guidelines to determine the amount of support based on the financial situation of each…