North Carolina Divorce Lawyers Blog

Articles Posted in Custody

Published on:

By

Military Parents and Relocation

Part of being in the military is having very limited input as to where you are stationed. If you are a military parent who is not with your child’s other parent, this can mean moving far away from them. A move  like that can have a major impact on the custody of your children.

No matter where you are stationed, it is important to reach out to a civilian family law attorney when dealing with custody. Custody is civilian law, and your JAG corps will not be able to help you very much. Which court has jurisdiction over your child is usually based on where your child has lived for the past six months. If you have moved around often due to military service, it may be difficult to determine what court you should file in without the help of an experienced attorney. Continue reading →

Published on:

By

Custody and Deployment

Being deployed or stationed somewhere that your child cannot follow is a major stressor for parents in the military. How will your child do without you? What will your life be like without them around? If you are not with your child’s other parent, you also have another concern – what will happen to your custody arrangement while you are gone? Will the other parent allow your family members to maintain their relationships with your child? In case there isn’t already a plan in place for your deployment, the courts in North Carolina have a process to help you get any custody issues settled before you leave. Continue reading →

Published on:

By

Parents Stationed in the US

If you are a parent and a member of the US Military, we at Woodruff Family Law Group thank you for your service! If you are not with your child’s other parent, you are probably concerned about what your military service will mean for your custody agreement or custody battle. Being in the military limits where you can live, when you can have leave, and what your daily schedule will be. How will that impact your children? What will a court think about those impacts? Fortunately, the federal and North Carolina state governments have acted to provide you with some protections in these situations. Continue reading →

Published on:

By

A person who is or plans to be a parent and has been or is considering engaging in sex work, either legal or illegal, needs to consider how that work will impact any future custody cases. Despite recent movement toward decriminalization of prostitution and increasing acceptance of internet-based sex work, such as the use of platforms like OnlyFans, sex work and any other sexual behavior can and likely will be considered by a judge when determining child custody. But don’t despair! Sex work is only one of many factors considered and, with a strong defense, you can still get custody of your child. Continue reading →

Published on:

By

Drum v. Drum, 2022-NCCOA-448.

Facts: Plaintiff is the maternal grandmother of a minor child. Defendants are the biological mother and father of the minor child. Notably, Defendant Mother was not a party to the appeal; only Defendant Father appealed.

The minor child at issue in this custody case had been living with Plaintiff since she was six to eight months old. Defendant Father visited the minor child less after Defendant Mother and the minor child moved in with Plaintiff. Defendant Mother had a drug problem and was not present for extended periods of the minor child’s life.

Plaintiff and her ex-husband were the primary caretakers for the minor child. They handled schooling, homework, vacations, etc. Defendant Father was a truck driver who was on the road most days during the week. He had never been a consistent presence in the minor child’s life. He also accumulated over $10,000 in child support arrears. Defendant Father never sought custody or visitation until court proceedings began.

Plaintiff filed for custody and was awarded primary physical custody and joint legal custody. Defendant Father appealed. Continue reading →

Published on:

By

Everyone has seen a hearing on TV, but very few people know the process that leads up to that hearing. 95% of family law cases get settled before they even go to trial. Family law cases can be very stressful, but knowing what’s coming next can help lessen that stress. For a few weeks, we will look at the steps of a family law case prior to a hearing. Continue reading →

Published on:

By

In re JBD, 2022-NCCOA-353 (unpublished).

In North Carolina, termination of parental rights (TPR) cases exist to remove one parent’s complete rights to their child. The grounds for doing so include abuse and neglect of the minor child. The evidence must prove those grounds by clear and convincing evidence, a burden above a preponderance and below beyond reasonable doubt. There are some procedural steps as well. For example, in response to a TPR, the respondent can deny the allegations. If so, the court must appoint a guardian ad litem for the minor child. Another instance of a peculiarity of TPRs is that the trial court essentially enters two orders: one for adjudication on grounds for TPR, and one actually terminating rights (called the disposition order). This is because there are two major steps for TPR: one to find the grounds, and the other to determine whether it is in the best interest of the minor child to terminate a parent’s rights. Below is a case where a respondent did not follow procedure. Continue reading →

Published on:

By

Blue v. Bhiro, 2022-NCSC-45 (2022)

In North Carolina, our Rules of Civil Procedure govern many aspects of civil trials. This includes the vast majority of the actions you will see incident to divorce and separation, such as child custody, child support, alimony, and equitable distribution. Under these rules, there are a few preliminary hurdles a complaint may cross before a trial court will hear the matter. Two such hurdles are a motion to dismiss for failure to state a claim upon which relief can be granted (colloquially called a 12(b)(6) motion), and a motion for summary judgment. Both will dispose of the complaint, albeit for different reasons. Interestingly, because of the effect, sometimes a 12(b)(6) motion can be converted into a motion for summary judgment. Below is a case about one such conversion, or lack of conversion. Continue reading →

Published on:

By

Part 5: Custody Cases Involving LGBTQIA+ Children

Parenting LGBTQIA+ kids can be difficult; trying to protect your child from bullies and bigots is enough to give any parent a sleepless night. Supporting your child, especially if you aren’t familiar with the LBTQ community, can mean working hard to expand both your and your child’s horizons as you help find resources and mentors. Depending on the environment you were raised in, you may also be working to unlearn years and years of your own biases, both conscious and unconscious. It can all be incredibly overwhelming. It may seem like the added stress of a custody battle is the last thing you or your child needs, but if your child’s other parent is unsupportive of your child’s sexual orientation, gender identity, or gender expression, using the law may be your only recourse to protect your child’s wellbeing. Continue reading →

Published on:

By

Part 2: Trans Parent Custody

This is PRIDE month, and we are looking at family law issues that are specific to the LGBTQIA+ community. In Part 1, we discussed the difficulties LGBTQIA+ parents face in custody cases. Those issues can be daunting enough, but for transgender parents custody cases can be even more complicated. Continue reading →