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Three or More Parents, Part 4: Custody for Non-Legal Parents

As in any traditional family, no one goes into a family with three or more parents expecting it to fall apart but, like any traditional family, separation is always a possibility down the line. For those persons who live in a state that doesn’t allow them to become a legal…

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Unidentified Paramour in Alienation of Affection

Beavers v. McMican, 2022-NCCOA-547. Facts: Plaintiff David Beavers was married to Wife Alison Beavers in 2004. Plaintiff discovered that Wife had an affair when he found texts and photos on Wife’s phone, sent to a contact labeled “Bestie.” Wife eventually admitted that she had engaged in sexual acts with the…

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Divorce and the Cost-of-Living Crisis

Between the war in Ukraine and the droughts happening world-wide, fuel and food prices have skyrocketed in recent months. The cost of living has seen a significant increase, even here in the United States, and a set amount of money buys less than it used to. Divorce is almost always…

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Forming a Three + Parent Family

If you are an intended parent who lives in a state that does not allow more than two persons to be named as legal parents on a child’s birth certificate, it is valuable to consider all your options when deciding the legal structure of your growing family. The law is…

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Three or More Parents, Part 2: Legal Parenthood

Almost all societies have traditionally recognized only two legal parents per child, the biological mother and father. Even in cases of adoption, adoptive parents could only step into the place of a missing biological parent. Despite this long history, this has never really reflected the reality of children’s lives. Many…

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Laches and Separation Agreements

Suozzo v. Suozzo, 2022-NCCOA-620. Facts: Plaintiff wife and Defendant husband entered into a separation agreement wherein Defendant was to pay Plaintiff $200,000 in monthly installments over 240 months. This arrangement began in March 2006 and would terminate in March of 2026. For the first 18-36 months, Defendant made the monthly…

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Mother’s Sister Gets Custody

Webb v. Jarvis, 2022-NCCOA-499 (unpublished). Facts: This is a case for non-parent custody. Defendant Jarvis and Sarah Webb had a child together. They were not married. The parents shared custody of the minor child pursuant to a parenting agreement. In 2015, Sarah Webb unfortunately passed from cervical cancer. At the…

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Alimony Amount and Duration

Plaintiff Jolin Brady (“Mother”) and Defendant Erron Brady (“Father”) were married on April 26, 1997. Father and Mother had four children. Father was in undergraduate school at Brigham Young University when the parties married. While Father was in dental school, Mother worked as a paralegal and then stopped working when…

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Custody Modification Without a Pending Motion

Turner v. Oakley, 2022-NCCOA-266. Facts: The parties to the case had one child together and never married. In 2013, Plaintiff filed a complaint for custody of the child. He was granted secondary custody, with Defendant having primary custody. In 2018, Plaintiff filed an emergency custody ex parte motion, and alleged…

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Know the Officiant at Your Wedding

Hill v. Durrett, 2022-NCCOA-460. Facts: Plaintiff and Defendant were married in a friend’s backyard in 2015, and just 14 months later the couple separated. The backyard ceremony was officiated by a Ms. Plante, who was a Reiki master known as Azera Moonhawk. Ms. Plante was Defendant’s friend and was a…

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