North Carolina Divorce Lawyers Blog

Articles Posted in Custody

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Self-executing modifications are provisions within a contract or order that amend the terms upon a specified event that may occur in the future. The legality of these provisions varies from state to state; some states have determined that self-executing modifications are typically illegal, and others have yet to make any clear or definitive decisions about the legality of such terms.

The North Carolina Court of Appeals case of Madison v. Gonzalez-Madison involved a self-executing modification in a custody order, and the appellate court’s ruling provided clarification on North Carolina’s laws regarding this issue. Continue reading →

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Courts in North Carolina often enter temporary orders on child custody because time is of the essence in such an important issue. These temporary orders must be followed until the court makes a final ruling, but temporary and permanent orders are handled differently in terms of requesting changes. Is returning to court for a final ruling the only way for an order to become permanent? Continue reading →

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As the holiday season approaches, celebrations and gatherings often include alcohol, increasing the possibility of drinking and driving.

Beyond immediate safety concerns, driving under the influence (DUI) can have lasting impacts on individuals, especially when it comes to family and custody matters. In North Carolina, a DUI conviction can significantly influence child custody cases, affecting parents’ rights and family dynamics. Continue reading →

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Legal custody and physical custody are not the same thing. While both are brought up in North Carolina custody cases, they deal with two different aspects of parenting. Physical custody applies to the parent that has the child in their care. Essentially, the parent with whom a child lives most of the time has physical custody. Legal custody carries the right and responsibility to decide on important matters for a child’s welfare and best interest. Continue reading →

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A spouse may be required to pay their spouse’s attorney fees in a North Carolina divorce. There are various situations in which this could occur, such as if one spouse filed a frivolous action. Attorney fees may also be awarded if the spouse requesting attorney fees does so in good faith and does not have the means to cover the costs. Continue reading →

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Parents and guardians who wish to change their child custody order typically must file a motion to modify. Additionally, the parent who files the motion, sometimes referred to as the moving party, must prove that there has been a substantial change in circumstances that impacts the child’s wellbeing.

Can a trial court choose to modify a custody order even when neither parent has filed a motion to modify? Not generally, but a recent Court of Appeals case highlighted a specific scenario in which this might occur. Continue reading →

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North Carolina law states that custody of a child may be granted jointly to both parents or exclusively to one parent, but how is that decision made in custody cases? All North Carolina orders for custody must be based on what arrangement will promote the best interest and welfare of the child.

While custody cases in the past used to favor the mother based on the since-abolished tender years doctrine, current custody matters do not give automatic preference to one parent over another. Instead, courts must consider relevant factors like the child’s safety.

Aguilar v. Mayen

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Parents have a protected right to care for their children in North Carolina, and that right affords them some significant protections when it comes to custody and visitation. For instance, third parties like grandparents can seek visitation and custody only in very limited circumstances.

However, when parents are involved in custody disputes, courts may limit or altogether deny visitation to a mother or father. Every North Carolina custody determination is based on one core principle: the best interests of the child. If a court believes that not having visitation with one parent is best for the child, then the court order will reflect that decision. Continue reading →

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Jurisdiction is the authority of a particular court to hear and rule on a case, and it is a crucial part of any court proceeding. There are multiple types of jurisdiction, such as territorial and subject matter. Territorial jurisdiction refers to a court’s ability to hear cases relating to a certain geographic area. Subject matter jurisdiction determines a court’s authority to hear certain types of cases, like child custody and divorce.

While this may seem straightforward, jurisdiction can easily become a contested issue that can greatly impact the outcome of a case. Continue reading →

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The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a uniform state law that has been enacted by the majority of states, including North Carolina. The UCCJEA establishes subject matter jurisdiction in child custody cases and indicates which court has the authority to decide on a custody issue. Continue reading →