North Carolina Divorce Lawyers Blog

Articles Posted in Children

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Cash v. Cash, 2022-NCCOA-706.

Facts: Mother and father were set for a trial on modification of child support. Five days before the trial date, father filed and served an amended financial standing affidavit that reported that his current income was $0 because he was laid off from his employment as a masonry supervisor. At the hearing, mother’s attorney argued that father had not supplied any updated income information. Father testified that he started a new masonry business and was not seeking any other employment, instead focusing on his business. He testified to his business income and expenses. Mother asked father if he provided any of his business financial information before the hearing, and father testified that he did not. Father then called his former boss to testify that father had been laid off because of salary, and that he was the most recently hired supervisor. Boss also testified that he did not offer father a different position with a reduced salary because Boss knew father and knew that father would not accept the job. The trial court found that father was not credible and acted in bad faith to deliberately suppress his income to avoid the child support obligation. The trial court imputed income to father, and father appeals. Continue reading →

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Today, we are taking a look at the Indian[1] Child Welfare Act (ICWA), a federal law managed by the US Bureau of Indian Affairs. The ICWA was passed in 1978 to counteract the unfair treatment of Indigenous children in state and foster care. The US has a nasty history of forced assimilation programs where Indigenous children were stolen from their families and moved to boarding schools, where they were forced to abandon their Indigenous culture and heritage. Even though these programs have ended, Indigenous families still face cultural ignorance and bias in the foster care system. In a 2013 study, the percentage of children in foster care who were Indigenous was 2.5 times their percentage in the overall population. In some states, that number was up to 14.8 times. The ICWA helps to protect these children, their families, and the Indigenous Tribes in the United States. Continue reading →

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As many families gear up for Halloween with their children, religious concerns about the holiday have led to an increase in “Fall Festivals” or “Trunk or Treats” to provide more religious families with an alternative to a traditional celebration full of ghosts and ghouls. During this time of year, religious tensions about acceptable activities for kids can come up between divorced parents with different religious beliefs. What is a parent to do when they can’t agree with their ex about their child’s religion? Continue reading →

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In Part 1, we talked about how adult adoptees can find out information about their adoptions and birth families. However, for some adoptees, particularly older adoptees, adoption agencies may no longer have detailed records – or any records at all – of their birth families, making it harder to get information. Fortunately, each county’s court keeps the court records of adoptions that go through that county, and the Department of Social Services has all adoption records that have gone through the state. Court adoption records are sealed, which means they usually can’t be accessed, but there are court proceedings that can unseal those records in some situations. Getting court adoption records unsealed is a time-consuming and uncertain process, but if you have already tried contacting the adoption agency, working with a post adoption intermediary program, or genetic testing options and haven’t found the information you are looking for, the courts are available as a last resort. Continue reading →

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Many adopted children grow up wondering, “Where did I come from?” Until the last 20 years or so, the only way to answer that question was to ask a court to unseal your adoption records, which rarely worked. However, as society has gained a greater understanding of the possible psychological and medical impacts of adoption, new options have opened to help adult adoptees learn their personal histories. There are four different ways for an adoptee to get information about their adoption and birth family: through their adoption agency, through a post-adoption intermediary program, through the courts, or through genetic testing. Going through the courts can be costly and time consuming, so it is usually best to try another option first. Continue reading →

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Divorce is difficult, and even more so with children involved. It can be especially difficult when the children have unique needs. The stresses of divorce can have an increased impact on these children, and their special needs can have a major impact on custody and child support. As a parent, you are in the best position to know what your child needs, and it is your job to show the court what those needs are and to be honest with yourself about your ability to meet those needs. Continue reading →

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How often have you heard someone claim their grandmother was Native American? What about Italian? More people around the world claim to be Irish than there are people in all of Ireland! The lure of knowing where you come from has led to an explosion in commercial testing services like 23 & Me. As technology has advanced and databases of genetic profiles have grown, so has the information that those commercial genetic tests can provide. This includes health information and wide nets of genetic relatives you may have never known about. Everyone is familiar with genetic testing in custody and child support cases, but learning one’s genetic parentage can lead to a host of issues beyond custody and child support. Continue reading →

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For a non-legal parental figure in North Carolina, custody of a child is a complicated issue. North Carolina doesn’t have statutes that specifically address custody for a non-related, non-adoptive parental figure, so the courts have to rely on case law – cases that have been decided and explained by the Court of Appeals or the NC Supreme Court – to determine what the rules actually are for granting custody to a third party, such as a non-legal parent. Continue reading →

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As in any traditional family, no one goes into a family with three or more parents expecting it to fall apart but, like any traditional family, separation is always a possibility down the line. For those persons who live in a state that doesn’t allow them to become a legal parent to their child, such as in North Carolina, there are steps that a non-legal parent should take to help protect their custody rights should the worst happen. Continue reading →

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Shebalin v. Shebalin, 2022-NCCOA-410.

Facts:

This appeal arose from the appointment of a parenting coordinator. Parenting coordinators are often appointed to child custody cases when the parents absolutely cannot get along. Plaintiff and Defendant had a minor child together who was at the center of their custody dispute. The trial court’s finding was that the case had become “high conflict” and thus a parenting coordinator was appointed for a term of years. In 2019, Defendant filed a motion to appoint again and was met with a motion to dismiss. At the hearing on these motions in 2020, the trial court again labeled the case high conflict, denied the motion to dismiss, and then set out a future date for the appointment of a coordinator. Continue reading →