The language in any contract must be clear and unambiguous, and this standard is true of settlement agreements in divorce proceedings as well. When the terms of an agreement are left open to interpretation, it can lead to issues like contention and litigation. Continue reading →
Timeframes and deadlines are a vital part of family law cases, both in trial court and appellate court. Whether filing an answer to a divorce complaint, responding to discovery requests, or objecting to a subpoena, deadlines are a regular part of civil court in North Carolina. In some situations, the consequences for missing a deadline only consist of additional paperwork or a request to the judge. However, there are times when failing to meet a deadline can prevent you from having your case heard, which is what happened in the North Carolina Court of Appeals case of Thiagarajan v. Jaganathan. Continue reading →
In civil cases, such as child custody proceedings, either party can serve discovery requests on the other party. Discovery is the term used to describe the process of exchanging documents and information. It can include various methods, including interrogatories, requests for production of documents, requests for admission, and depositions.
Parties in child custody cases can use discovery to obtain information relevant to the case, but there are limitations.
North Carolina residents who have lived in the state for at least six months can file for divorce. While separation and divorce are rarely easy, recent moves can make the process even more complicated. Continue reading →
Custody decisions are largely based on the best interests of the children. This may sound like a simple decision-making process, but the variables involved are complex. Courts must consider the child’s physical and mental health, physical safety, and developmental needs. Moral standards are also relevant when deciding custody.
It is well-known that parental conflict can significantly impact a child’s mental health, as well as their physical safety in some scenarios, but how does such conflict impact changes to child custody in North Carolina? Continue reading →
There have been many cases in North Carolina that establish the strength and importance of a parent’s constitutionally protected right to the care and control of their children. Another recent decision in the North Carolina Court of Appeals has further established this right for biological parents, showing that it is not easy for nonparents to be awarded custody.
Laws are constantly changing. Federal, state, and local legislation is added, amended, and revoked regularly. Do these changes in the law affect cases that are ongoing? It depends.
It is common practice for parties in a case to exchange evidence and information. This process is called discovery. There are strict rules and requirements for discovery, and failing to comply with requests from the opposing party may adversely affect your case.
Y Michael Yin, JD
In Nevada, the Supreme Court recently issued a ruling affirming the public’s constitutional right to access Family Court proceedings, overturning a rule change that had closed some hearings. The Court found that the rule violated the First Amendment right to access court proceedings.
In the ruling, the Court acknowledged the importance of protecting litigants’ privacy in family law matters but emphasized that privacy interests do not automatically override the public’s right to access court proceedings. However, some Justices dissented, arguing that Family Court cases should be treated differently from other civil proceedings and pointing to laws regarding confidentiality in adoption and parental rights termination cases.
North Carolina family law cases often decide on some of the most important elements of a person’s life. From property and assets in a divorce to child custody arrangements, the outcome of these cases can significantly impact everyone involved. If you feel that the court’s decision is incorrect or unjust, you may be able to file an appeal.
North Carolina Divorce Lawyers Blog