There are two main types of child custody in North Carolina: joint and exclusive/sole. In our state, the court’s job is to determine which parent serves the best interests of the child, after hearing and weighing all the evidence. The standard is probably uniform across all jurisdictions at this point.…
Baldwin v. Baldwin, unpublished (2021). After separation and divorce, it is not unheard of for one spouse to move out of state. If the former couple had minor children together, then the question is which spouse is primarily going to have custody of the children? Many factors may come into…
The month of May is Mental Health Awareness Month. Each year, the National Alliance on Mental Illness (“NAMI”) joins the national movement to raise awareness about mental health. For the year 2021, the message “You Are Not Alone” is the amplifying theme for the month. This theme is relevant now…
Utah recently enacted a new statute that denies hunting and fishing licenses to those who are delinquent on child support payments. They have recently began notifying some of those people that they may be denied licenses based on their delinquency. According to their state child support enforcement records, roughly 19,000…
May is Mental Health Awareness Month, and here at Woodruff Family Law Group, we are cognizant that the ongoing pandemic has caused much harm to our collective mental health. The school closures and loneliness associated with social distancing are major factors. A remarkable Harvard study following 224 children found that…
Fecteau v. Spierer, COA20-532 (2020). Child custody orders are modifiable under North Carolina law. In order to modify, the party seeking a modification must show a substantial change in circumstances, from those found in previous order, that warrants modification. It may seem obvious that big changes in the custodial parent’s…
Fecteau v. Spierer, COA20-532 (2020). Child custody orders are modifiable. In order modify, the party seeking a modification must show a substantial change in circumstances, from those found in the previous order, that warrants modification. In some cases, primary physical custody is awarded to a nonparent. Most often, this nonparent…
What happens when a wife gives birth during a marriage, but the husband is not the biological father per DNA? Paternity in North Carolina is a legal issue—there are rights and responsibilities that come with being a legal father. As a primer, the common terminology in this area of law…
Angel v. Sandoval, COA20-236 (unpublished 2020). If your ex, or you, lost a job and income and considered modifying child support to a lower amount in response, it may not always mean that the modification will be granted. Here in North Carolina, it depends on the circumstances surrounding the job…
There are unfortunate times where one individual who has become fully insured for social security benefits passes away or gives up a child for adoption. In such cases, however, the Social Security Administration has enacted rules to pass on the benefit to the children. But exactly what happens when the…