North Carolina Divorce Lawyers Blog

Articles Posted in Children

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In the realm of celebrity divorces, Halle Berry’s recent settlement with ex-husband Olivier Martinez offers some interesting insights, especially for high-income mothers in Greensboro facing similar circumstances. As Greensboro divorce attorneys, we observe such high-profile cases not just for their star power, but for the legal precedents and insights they offer.

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Child custody orders in North Carolina are binding, and both parents must abide by the terms to avoid facing legal consequences. Despite this, it is possible to modify an order if there has been a change in the circumstances of either party and if the modification is in the best interest of the child. How does a judge weigh these two considerations, and does one factor need to be proven before the other? Continue reading →

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Deciding to relocate with children is not always easy, as numerous factors must be considered. Divorced, separated, or unmarried parents with custody orders have additional considerations they must think about both before and after they move. Continue reading →

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When parents are divorced or no longer together, child support is a way for the non-custodial parent to contribute to the reasonable needs of the child. It may seem relatively straightforward, and in many cases it is. However, child support can become a complex issue because so many factors are used to determine the arrangements.

Factors in Child Support Determinations

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Establishing legal parenthood is simple for married couples. According to North Carolina law, when a married couple has a baby, both parents are considered the legal parents by default. For unmarried parents, establishing paternity can take a little more effort. Continue reading →

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Divorce can be a challenging time, especially when children are involved. One of the most complex aspects of ending a marriage is determining custody and visitation rights. The case of Davidson v. Tuttle, 2022-NCCOA-622 offers a window into the intricate nature of these decisions and how they can change over time. Continue reading →

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Child custody and child support are two separate matters,[1] but that doesn’t mean that one cannot impact the other. Custody frequently impacts support since the amount of time the child spends with each parent is a factor in calculating child support obligations. However, many parents wonder if failure to pay child support means visitation can be withheld.

The parent that receives child support cannot legally deny the other parent visitation with the child if they fail to make the ordered support payments.[2] The payee spouse can file a Motion for Order to Show Cause, which allows them to ask the court to hold the other parent in contempt for violating the court order. Continue reading →

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Custody orders are not required for parents who are not together, but many choose to obtain a court order when they cannot agree on custody, visitation, and other issues related to raising their child. Without a court-issued custody order, the legal parents share equal rights.[1] Continue reading →

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Co-parenting can be a challenging journey, but when done successfully, it can provide stability and support for children growing up in a separated or divorced family. Effective co-parenting requires cooperation, communication, and a commitment to putting your child’s well-being first. Here are seven valuable tips to help you navigate the path of successful co-parenting. Continue reading →

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Clute v. Gosney, 2023-NCCOA-______ (2023).

  • Facts: In 1994, a couple got married and had two children. In 2006, they separated due to irreconcilable differences. On April 5, 2006, they entered into a separation agreement to settle their marital and property rights. The agreement included provisions for child support, the right to enforce the agreement through legal action, and a clause stating that the agreement would not be incorporated into a divorce judgment. The agreement was signed under seal and notarized. In April 2022, the wife filed a complaint in Mecklenburg County District Court, alleging breach of contract and, in the alternative, seeking child support based on North Carolina Child Support Guidelines. She claimed that the husband had violated the agreement by reducing child support payments unilaterally and failing to fulfill other obligations, such as medical expenses, insurance coverage, and college expenses for their son. The wife requested specific performance of the contract, attorney’s fees, and retroactive child support. In response, the husband filed a motion to dismiss under the North Carolina Rules of Civil Procedure. In August 2022, the trial court granted the husband’s motion to dismiss, denied the wife’s request for attorney’s fees, and dismissed her complaint with prejudice. The wife appealed this decision.

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