Custody orders are not required for parents who are not together, but many choose to obtain a court order when they cannot agree on custody, visitation, and other issues related to raising their child. Without a court-issued custody order, the legal parents share equal rights.[1] Custody Orders are Legally Binding…
Articles Posted in custody order
Family Law Matters and SCRA Protections
When it comes to family law matters, service members face unique challenges due to the nature of their duty. The Servicemembers Civil Relief Act (SCRA) plays a crucial role in ensuring that the rights and responsibilities of military parents are protected during legal proceedings related to child custody and support.…
Custody for Military Parents: Part 3 of 3
Military Parents and Relocation Part of being in the military is having very limited input as to where you are stationed. If you are a military parent who is not with your child’s other parent, this can mean moving far away from them. A move like that can have a…
Custody for Military Parents: Part 2 of 3
Custody and Deployment Being deployed or stationed somewhere that your child cannot follow is a major stressor for parents in the military. How will your child do without you? What will your life be like without them around? If you are not with your child’s other parent, you also have…
Custody for Military Parents: Part 1 of 3
Parents Stationed in the US If you are a parent and a member of the US Military, we at Woodruff Family Law Group thank you for your service! If you are not with your child’s other parent, you are probably concerned about what your military service will mean for your…
Custody Orders and Contempt: When Kids Refuse to Visit the Other Parent
Wayne Hopper, Legal Assistant Risen v. Risen, COA19-342 (N.C. Court App. 2020) The legal term “contempt of court” describes situations when an individual either willfully refuses to follow or otherwise fails to obey a legally binding order issued by a court. North Carolina recognizes two types of contempt: criminal contempt…
Child Custody and COVID-19 Vaccines
As COVID-19 persists in our daily lives, the war on vaccines rages on. Many parents continue to disagree about vaccination status concerning themselves and their minor children. Two parents who currently reside in New Brunswick, Canada, have found themselves in a heated disagreement with each other over vaccines and sought…
Child Custody With Two Military Parents
The trial court awarded Plaintiff-Father Issac Munoz primary physical custody of the parties’ daughter. Defendant-Mother Cassandra Munoz appealed. The parties married in 2012 and the minor child was born in 2015. Mother was, and still is, a member of the United States Army. In 2016, the Mother was stationed at…
Grandparent Custody and Visitation
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…
How Positive Change Can Modify a Child Custody Order
Padilla v. Whitley De Padilla, COA19-478 (2020) (unpublished). Child custody orders are modifiable. In order to do so, the party seeking a modification must show a substantial change from the circumstances found in previous order that warrant the modification. It may seem obvious that a diminishment in the custodial parent’s…