Alexander v. Alexander, ______ N.C. _______ (2021) (COA19-391). In Greensboro, Grandparents may be awarded visitation rights if the Court deems it appropriate. Often, it is by intervening in the custody battle being fought by the custodial parents. Even after a final custody order is entered, a Grandparent may seek visitation…
Articles Posted in custody
Parental Kidnapping
North Carolina General Statute § 14-39 defines kidnapping as the unlawful confining, restraining, or removing from one place to another, anyone 16 years of age or older without their consent and holding them for ransom, in furtherance of or fleeing a felony, causing serious bodily harm or terrorizing or holding…
Relocation and Child Custody Modification
Bradley v. Bradley, No. COA20-48 (unpublished) Plaintiff and Defendant married on May 20, 2006 and divorced on July 15, 2015. The parties had one daughter born March 7, 2011. The parties’ daughter was three years old when the original custody order was entered. Defendant filed a motion to modify…
Life Insurance, Separation Agreements, and Future Support for Children
Suppose that you are recently separated or divorced and have minor children. Should you have a life insurance policy in place to ensure sufficient resources are available to provide for your children if you suddenly die? What factors must you consider before taking out a life insurance policy to benefit…
Civil Contempt and Child Custody
In Chica v. Chica, the North Carolina Court of Appeals, in an unpublished opinion, reviewed Plaintiff Father’s appeal of the trial court’s December 6, 2018 Order finding him in civil contempt and establishing purge conditions. Plaintiff Father also appealed the trial court’s April 2019 Order denying, in part, Plaintiff’s Motion…
Child Custody and Excusable Neglect
In Price v. Boccardy, the North Carolina Court of Appeals, in an unpublished opinion, reviewed Defendant’s appeal from the trial court’s order denying Defendant’s Rule 60(b) motion to set aside a final custody order. Price v. Boccardy, COA20-127 (N.C. App 2020). Facts: Plaintiff and Defendant were the parents of a minor…
Decision-Making in Child Custody
Ward v. Halprin, ___ N.C. App. ____. Child custody has the potential to be heavily contested. In some cases, one parent wants to be able to have sole decision-making authority. In North Carolina, the ability to make these decisions is termed “legal custody.” Courts often grant parents joint legal custody.…
Guardianship of Minors in North Carolina
In the Matter of R.D.B., A Minor Child (No. COA19-1019) Many children in Guilford County have guardians appointed by the court for a variety of reasons. A child who no longer has any living biological parents is a common example of when a court will appoint an adult to…
DVPOs and Claimant Credibility
In Reece v. Holt, the North Carolina Court of Appeals, in an unpublished opinion, reviewed N.C.G.S. Chapter 50 for child custody and subject matter jurisdiction. Plaintiff Father claimed that an ex parte order established a “presumption” supporting a claim for domestic violence under N.C.G.S. § 50B. This article will focus…
Boarding Schools, Private Schools, Prep Academies and Child Support
Koufman v. Koufman, 330 N.C. 93, 408 S.E.2d 729 (NC 1991) Child support orders are modifiable in North Carolina when there is a substantial change in circumstances. But what happens when your child moves to a school away from home, such as a boarding school or preparatory academy? These…