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Articles Posted in physical custody

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Legal versus Physical Custody

Custody cases have different terms that can be difficult to understand. Most people think of custody as the right to parent their children. After all, what else is there? It turns out it isn’t that simple. A custody order will address both legal and physical custody. What is Legal Custody?…

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Custody and the Constitutional Right to Parent

In October 2022, the North Carolina Court of Appeals addressed whether a parent who hasn’t had contact with their child because the child had been actively removed and hidden from them still has their constitutional right to parent their child. In the United States, a parent has a constitutionally protected…

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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Webb v. Jarvis, 2022-NCCOA-499 (unpublished).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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