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Articles Posted in family law

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Commercial Genetic Testing in Family Law

How often have you heard someone claim their grandmother was Native American? What about Italian? More people around the world claim to be Irish than there are people in all of Ireland! The lure of knowing where you come from has led to an explosion in commercial testing services like…

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Three or More Parents, Part 5: Custody for Non-Legal Parents in North Carolina

For a non-legal parental figure in North Carolina, custody of a child is a complicated issue. North Carolina doesn’t have statutes that specifically address custody for a non-related, non-adoptive parental figure, so the courts have to rely on case law – cases that have been decided and explained by the…

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Hearsay for Witnesses

“Objection – Hearsay!” From Perry Mason to Saul Goodman, anyone who’s watched a courtroom drama has heard it said, but what does it really mean? The technical definition of “hearsay” sounds like complicated nonsense to most people: “an out of court statement used to show the truth of the matter…

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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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Sherri Papini: Kidnapping Hoax and the Aftermath

Sherri Papini was originally reported missing by her husband in November 2016 after she left their home in Shasta County, California to go for a jog and never returned. Three weeks later on Thanksgiving Day, authorities found Papini on an interstate highway approximately 140 miles from home.  Papini told police…

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