North Carolina Divorce Lawyers Blog

Articles Posted in Children

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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 →

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Part 8: Supporting your LGBTQIA+ Child When Others Won’t

As a good parent, you love your child no matter what, regardless of their gender identity or sexual orientation. Watching your child face discrimination and rejection is heartbreaking, and of course you want to protect them from that pain as much as you can. But what happens if that rejection is coming from your child’s other parent? How can you protect your child when the threat is so close to home? If getting full custody of your child, discussed in Parts 6 and 7 , isn’t an option, there are still steps you can take to minimize the damage of their other parent’s rejection. Continue reading →

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Part 7: Trans Children in Custody Battles

In Part 6 we talked about gender affirming treatment for trans children. Unfortunately, gender affirming treatment, and even the idea of trans children at all, can be controversial. If you have a trans child, you and your child’s other parent may have very different ideas about whether and how to support your child’s gender identity. If you find yourself in that situation, you may also be facing a custody case, even if you are currently with the other parent. You certainly wouldn’t be the first parent to leave a spouse or partner because of their awful treatment of a trans child! Continue reading →

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Part 6: Trans Kids and Gender Affirming Treatment

Gender transition can be a tricky prospect for transgender adults, but it is even more complicated for transgender children and their parents. Parents of transgender children may be confused about what gender affirming treatment even means for a minor.

Children can start to identify as transgender very young. Children who are allowed to freely express and explore gender may go through different phases of gender expression, but it is important for a child’s future mental health that you believe and support them, no matter what gender they may be identifying as at the time. Continue reading →

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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 →

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Part 4: Palmore v. Sidoti (466 U.S. 429 (U.S. Apr. 25, 1984))

In custody battles between straight/LGBTQIA+ couples, one of the most common arguments that is brought up against the LGBTQIA+ parent is the concern that the child will face social stigma or bullying because the child resides with a gay parent. At first glance, this may seem like a legitimate fear, especially to parents or judges who themselves grew up in less tolerant areas or who were bullied as children. Fortunately for LGBTQIA+ families, social stigma is lessening every day, and studies have found that children with LGBTQIA+ parents don’t tend to get bullied any more than other children. Continue reading →

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Part 3: Family Law and Adoption

Many LGBTQIA+ couples and individuals choose to grow their families through adoption. LGBTQIA+ couples are more than six times more likely to adopt than straight couples and represent an important placement resource in the foster care and adoption communities. The biases and discrimination that permeate other areas of family law and of life in general can also impact fostering and adoption, but fortunately LGBTQIA+ adoption is legal in North Carolina, and an attorney experienced in family law can help you get past the hurdles and protect yourself from discrimination. Continue reading →

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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 →

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A couple in India, Sanjeev Ranjan Prasad and his wife Sadhana Prasad, are retired and longing for a grandchild.  The couple have one son, who received pilot training in the United States and is currently a pilot. Approximately six years ago, Sanjeev and Sadhana arranged for their son to marry their now daughter-in-law. According to Sanjeev and Sadhana, more than enough time has passed for the couple to settle into married life and begin having children.

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Surrogacy and in-vitro fertilization are generally not possible without gamete donors. However, like surrogacy contracts, gamete donation isn’t addressed by North Carolina statutes or cases. Both donors and intended parents need to protect themselves under North Carolina’s contract laws by making sure they have a strong contract addressing their interests. As with surrogacy, a contract needs to be reviewed by independent legal counsel for each party prior to signing and then signed before any gametes are fertilized. Continue reading →