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When it comes to family law matters, service members face unique challenges due to the nature of their duty. The Servicemembers Civil Relief Act (SCRA) plays a crucial role in ensuring that the rights and responsibilities of military parents are protected during legal proceedings related to child custody and support. Continue reading →

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Marecic v. Baker, 2023-NCCOA-______ (2023) (unpublished).

  • Facts: The case involved a dispute between the Plaintiff and Defendant, who are the biological parents of a minor child named R.J.M. The parties never married but purchased real estate in North Carolina and Florida during their relationship. Defendant had two older children from a previous marriage. Initially, they lived together with the children in North Carolina. Their relationship ended in January 2017, and Defendant and her two children moved to an apartment while Plaintiff stayed in their property. Despite the separation, they shared custody of R.J.M., with Plaintiff covering most of Defendant’s living expenses and expenses related to all the children. Actions commenced in December 2018 when Plaintiff filed for child custody, child support, attorney’s fees, and alternative dispute resolution. Defendant responded with a complaint for various matters, and the cases were consolidated. Temporary child custody orders were issued in March and July 2019, followed by a permanent child custody order in May 2021, granting shared custody on a rotating schedule. In May 2022, the trial court issued a child support order, and in June 2022, Defendant’s attorney filed for attorney’s fees. In August 2022, the trial court ordered Plaintiff to pay for some of defendant’s legal expenses. Plaintiff appealed.

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IN RE: H.G., 2023-NCCOA-______ (2023) (unpublished).

Facts:

In June 2012, the respondent adopted Heather, along with her older sisters Sally and Ellen. In a prior legal proceeding, allegations of improper discipline led to the adjudication of neglect and dependency for Heather, and abuse, neglect, and dependency for Sally and Ellen. Continue reading →

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Rose v. Powell, 2023-NCCOA-______ (2023).

  • Facts: Plaintiffs were the biological grandparents of the minor child in this case. Plaintiffs’ son, Jacob Chandler Rose, unexpectedly passed away. At the time of his death, the Defendant, Jacob’s wife, was pregnant with Jacob’s child, later named Aubrey, born on April 30, 2019. The Plaintiffs embraced their role as grandparents to Aubrey and spent time together, forming a close bond until May 2021. During this period, they assisted the Defendant with legal matters related to social security claims and provided financial support for Aubrey’s baptism. However, in May 2021, the Defendant severed contact between the Plaintiffs and Aubrey, resulting in a cessation of visitation. The Plaintiffs responded by seeking secondary custody of Aubrey on November 29, 2021. The Defendant, on February 2, 2022, filed a motion to dismiss and countered with requests for temporary and permanent custody, along with child support arrangements. The case was heard on August 15, 2022, the court issued an order dismissing the case. The Plaintiffs appealed this decision.

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MCMURRAY V. MCMURRAY, 2023-NCCOA-______ (2023) (unpublished)

As a new generation of divorcees begin to reach retirement age since the enactment of ERISA in 1974, we will begin to see cases were a party needs a Qualified Domestic Relations Order (QDRO) to receive a retirement benefit, but somewhere in the divorce process the QDRO was never entered. Below is one such case. Continue reading →

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In the Tar Heel State, the unique legal doctrines of Alienation of Affection and Criminal Conversation are still very much alive and well. In simple terms, North Carolina lets you sue someone for messing with your marriage. It’s one of the few states that still do. So, if you’re having an affair or dating someone married, it may help to know the legal risks.

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Extracting text messages from an iPhone and converting them into a PDF format involves a series of steps. Please note that this process typically requires third-party software, but it has the potential to be extremely useful for your case. Continue reading →

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911 records can be valuable exhibits for the court in your case, whether that is custody, domestic violence, or anything else related. Here are ways to obtain a redacted form of the records on your own:

To request 911 records in Greensboro, North Carolina, you’ll need to provide specific information depending on the type of record you’re seeking: Continue reading →

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ICENHOUR V. ICENHOUR, 2023-NCCOA-______ (2023) (unpublished).

  • Facts: Plaintiff and Defendant were married in 1987 but separated in 2011. In 2012, they reached a consent judgment in which the Defendant agreed to pay $1,800 per month in alimony based on an annual income of $100,000. In 2014, the Defendant attempted to modify the alimony arrangement, but the court denied the motion, citing unchanged financial circumstances. In 2018, the Defendant, who was working as a transportation driver for Richard Petty Racing, filed another motion to modify alimony, claiming a reduced income and increased expenses due to rising rent, housing, and vehicle costs. Plaintiff initiated a show cause order against the Defendant for not fully paying alimony from January 2019. In January 2020, a memorandum of judgment led to a reduction of the Defendant’s monthly alimony obligation by $100. However, by mid-2020, the Defendant once again failed to fully pay alimony, prompting another show cause order. In December 2020, the Defendant filed another motion to modify alimony, stating he was furloughed and later terminated, incurring unforeseen expenses and borrowing against his retirement account. At a hearing in March 2022, Defendant testified about his employment history, reduced income, and efforts to secure new jobs. In June 2022, the court issued an Alimony Order, finding a substantial change in circumstances and reducing the Defendant’s monthly alimony obligation to $600. A Contempt Order was also issued, stating the Defendant’s arrearage and ordering him to pay $100 per month until the debt was cleared. Both parties appealed these orders.

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Our Family Wizard (OFW) is one of many comprehensive co-parenting communication and organization platforms designed to support families going through divorce or separation. It serves as a centralized hub for parents to manage various aspects of co-parenting, ensuring smoother and more efficient cooperation while prioritizing the best interests of their children. While other apps exist, most of the time our practice encounters OFW. Continue reading →