When analyzing custody, the issue of who has rights to custody of a minor is commonly focused on the biological parents of the child. In the eyes of the law, under the right circumstances, biological parents may be disfavored in congruence to “third party” individuals who assert rights to custody.…
Articles Posted in custody
Who Can Apply for Custody in NC: Part 3, When the Best Interest Standard Doesn’t Apply
By: Leesa M. Poag, Attorney, Woodruff Family Law GroupIn a typical child custody case, the mother and father of a child are seeking the intervention of the court to settle their dispute over who should be granted custody of their child. Though this is the situation most often facing family law attorneys throughout the Triad, the cases become…
Who Has Standing to Apply for Custody in NC: Part 2, Unfitness of Parents
By: Jennifer A. Crissman, Attorney, Woodruff Family Law GroupAs contentious custody cases in the Piedmont progress, it is likely that a parent may be called “unfit.” In a legal context, this word has a specific meaning, and drastic consequences should the court find a parent unfit. In this second installment on standing to apply for custody, we will…
Who Has Standing to Apply for Custody in NC: Part 1, Constitutional Rights
By: Jennifer A. Crissman, Attorney, Woodruff Family Law GroupIf you have been involved with a highly contentious custody case in the Triad, you know that family members will start coming out of the woodwork to ask for custody of the minor children. This phenomenon is even more prevalent when the parents are not adequately caring for their children.…
Grandparents Have Rights Too!
Dear Carolyn, I know I should have kept my mouth shut during the divorce, but I didn’t. My daughter-in-law ended up with custody (not that it wasn’t somewhat justified), but now she is taking it out on us and won’t let my husband and I see our own grandchildren. We…
Give Mediation a Chance
Dear Carolyn, I have a two-year-old and a five-year-old, and I am separated from their Father. I am filing for custody and divorce. I hear I am going to have to go to mediation with the Father, and I really don’t want to see him. I am not exactly afraid…
“Doctor, Doctor, give me the news……”
By: Leesa M. Poag, Attorney, Woodruff Family Law GroupRecently, the North Carolina Court of Appeals has taken steps to hold medical professionals accountable when they become involved in legal proceedings. Family law attorneys in North Carolina are familiar with the process of a custody evaluation performed by a licensed psychologist. The Court of Appeals recently held that these…
Ask Carolyn: Guns, Children and Custody
Dear Carolyn, Now that summer is almost over and school will be starting back, I am reflecting on the summer trip with my two children, who are 9 and 11. Their mother and I are divorced, and I am trying to make summer memories with them that will last a lifetime. This…
Visitation Troublemakers
Dear Carolyn, Visitation exchanges are almost always awful for my eight-year-old when the exchange is not at school. I am a Father with fifty-percent custody. I have Mondays and Tuesdays overnight. My ex has Wednesdays and Thursdays overnight. We alternate weekends. When school is out, we do the exchange at…
Letting the Child decide is more complicated than you may think
Dear Carolyn, I am in a custody battle with my ex-husband. My nine-year-old wants to live with me. Can my nine-year-old simply tell the judge this, and then we are done with this mess? I have heard a child can talk to the judge in “chambers,” but I am not…