North Carolina Divorce Lawyers Blog

Articles Posted in Custody

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Williams v. Johnson, 2022-NCCOA-120 (2022) (unpublished).

  • Facts: Mother and Father were in a custody case over their minor child. On April 28, 2017, Mother was awarded primary custody, and Father received visitation. A few years later, on August 11, 2020, the trial court modified the custody but later vacated their order, reverting back to the April 28 Order. In October of 2020, Father filed to modify the custody. Linda Key was called on to testify that, for the past three years, she was the caretaker for the minor child. Ms. Key is not a party to this case and has not entered into the case in any form. Trial court granted custody of the minor child to Ms. Key and found that both parents had acted contrary to their protected status as parents. Father appealed.

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Kim Kardashian and Kanye West’s custody battle involving their four children has begun to heat up.  When Kim first filed for divorce early last year, both Kim and Kanye agreed that they should share joint custody of their four children.  Now, it appears the couple is a long way from agreeable terms.

 

It is not the first time Kanye West has taken to social media to air his grievances.  The artist often uses platforms such as Twitter and Instagram in a personal diary manner, posting entries for his millions of followers to read.  Kanye, who recently legally changed his name to Ye, shared a string of since-deleted images and messages about his fears for the safety of his daughter, North West, and allegations against Kim.  A few of the deleted messages are outlined below.

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As COVID-19 persists in our daily lives, the war on vaccines rages on. Many parents continue to disagree about vaccination status concerning themselves and their minor children.  Two parents who currently reside in New Brunswick, Canada, have found themselves in a heated disagreement with each other over vaccines and sought a judge to rule on the disagreement.  The parents, who are not identified in the court ruling, separated in 2019 and share custody of their three children. Continue reading →

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On May 23, 2021, a cable car cabin crashed in Stresa, near Lake Maggiore, Italy.  Eitan Biran, his parents, younger brother, and 11 other people were in the cabin when it plunged to the ground.  Biran was the sole survivor.  The child was born in Israel but moved to Italy with his family when he was just one month old.  Biran had been living in Italy ever since.  After the crash, Biran lived with his aunt in Italy.  While visiting Biran in Italy, Biran’s maternal grandfather drove him to Switzerland without his aunt’s consent and chartered a private jet to take the two back to Israel.  A cross-border custody battle ensued. Continue reading →

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Custody battles sometimes can be bitter affairs between the parents.  In China, it is no different.  Unlike many court orders for child custody in North Carolina, courts in China rarely grant joint physical custody of children to divorcing parties, causing disputes over minor children to be extremely hostile.  The best interest of the child is one of the guiding principles for a judge in North Carolina when deciding how to structure a custodial schedule.  However, in China, judges are of the mindset that keeping children in their existing environment is what is best for their wellbeing. Continue reading →

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A United Kingdom court recently ordered Dubai ruler and UAE Prime Minister, Sheikh Mohammed Bin Rashid Al Maktoum, to pay his ex-wife, Haya bint al-Hussein, a jaw-dropping $734 million in a divorce settlement.  Haya bint al-Hussein in the Princess of Jordan and the couple have two children together.  This settlement in a divorce is one of the largest ever awarded by a court in the United Kingdom. Continue reading →

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Defendant Mother appeals from the trial court’s order on child support and custody.  The Court of Appeals reverses and remands.

Plaintiff Father and Defendant Mother married on January 1, 1994.  The parties had two sons and separated on May 10, 1997.  The parties’ divorce judgment was filed on August 17, 1998, which incorporated their separation agreement.  The separation agreement provided a custodial schedule that directed the parties’ two sons to reside primarily with Defendant Mother and to spend every other weekend and summer vacation with Plaintiff Father.  The agreement further provided that Plaintiff Father would pay half of the children’s uninsured medical and dental expenses and $200.00 each month as additional child support. Continue reading →

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Argueta v. Baker, 137 A.D.3d 1020, 27 N.Y.S.3d 237 (2016)

There are times where parents do not effectively co-parent. There are even times where one parent goes out of their way to interfere in the parent-child relationship with the other parent. There are ways to enforce the controlling custody order, such as contempt. But New York seems to also have another avenue of relief, asking the court to terminate child support. Note: this is not North Carolina law, it is from New York. Continue reading →

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We’ve all experienced trying times during the pandemic. From school and business closures throwing a wrench in our daily plans to mask-wearing as the new normal, the pandemic has brought about many disputes and concerns, especially among divorced parents who share custody of their children. One Washington State father, Richard John Burke, is paying the price of his actions related to the pandemic after pleading guilty to three counts of first-degree custodial interference in late August.

Burke shares three sons aged 6, 7, and 10 with his ex-wife. On March 24, Burke was supposed to return his three sons to their mother pursuant to a court-ordered parenting plan.  Instead he communicated to his ex-wife that he would be keeping his three sons for an additional four days.  Then, on March 28, Burke failed again to return the children to their mother. On March 29, the children’s school called the mother to let her know Burke had contacted them to state the children would no longer be attending school and to unenroll them immediately.

Burke pushed conspiracy theories about masks and the COVID-19 vaccine. He believed that the children’s school’s masking policy was “an absolute crime,” and also stated that one of his sons “will never be vaccinated again.” Upon deciding that he needed to take extraordinary measures to “protect his boys,” Burke fled with the three children. A judge authorized a $500,000 warrant for Burke’s arrest, and he was eventually taken into custody in Santa Rosa, New Mexico.

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https://www.nysenate.gov/legislation/bills/2021/s4248

Child Custody in North Carolina is based on which parent can best provide for the interests of the child. It is an oft repeated principle that ultimately decides the issue. Children are important and the court is required to scrutinize the parents in order to make this determination. It is so important that, if a custody order leaves out the final determination that a certain custodial schedule would serve the best interests of the child, it is typically immediately reversable. All that said, should pets get the same treatment? Continue reading →