It is always tragic when a child loses a parent, but what happens when the parent who passes away is the custodial parent? North Carolina courts must grant custody to someone else, and priority is given to biological parents in most cases. Awarding Custody After a Death Parents are allowed…
Few family law matters are as contentious as child custody or as distressing as child abuse. Custody battles between biological parents can become intense as parties sometimes passionately disagree about what’s best for their child. These disputes increase in complexity when third parties seek custody due to parental neglect or…
Stable and supportive environments are crucial to a child’s health and well-being. Having healthy relationships with their primary caregivers is also vital, as these relationships impact every part of their development.1 Grandparents often have established relationships with their grandchildren and volunteer to help with the many demands of raising a…
Gray v. Holliday, COA20-425 (May 2021) (unpublished). In Greensboro, grandparent visitation rights may be awarded if the Court deems it appropriate. This often happens by intervening in the custody battle being fought by the custodial parents. But what happens when one of the parents passes away before the custody issue…
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…
We’ve all seen videos such as this one on the highly addictive TikTok app depicting parents dropping their kids off at Grandma and Grandpa’s house to achieve some much needed alone time. Ever since the Piedmont Triad began experiencing the monumental effects of COVID-19 in early March, both kids and parents alike…
In North Carolina, a parent can lose custody over their minor children to the children’s grandparents. One way this can happen is by Order of the Court in a child custody proceeding. Child custody is never permanent, and below we discuss a way for parents to regain custody by motion…
Sharp v. Comm’r, T.C. Memo. 2017‑208, 2017 WL 4973234 (2017) (a) Facts: A woman lived with a man in California. The couple was not married. The man had a child by a prior relationship, and the child had two minor children. The man was, therefore, the children’s biological grandfather.…
Dear Carolyn, I am a grandmother, and I want to help pay for the tuition for my grandchild’s day care and education at a nice day care facility. Then, my daughter and son-in-law can work without worry. They own their own business, and they both need to focus some quality…
Hello Carolyn, I have a question regarding grandchildren who are in the custody of the grandparents. Here is the scenario. My wife and I have legal custody of three grandchildren ages 13, 12, and 9. We were granted legal custody by the court about 18 months ago. Before that, we…