Covid-19 and its accompanying social distancing have been hard on everyone’s dating life. Restaurants have decreased capacity, and some are not accepting in-house dining at all. Bars close early. And masks, while necessary for health, make it hard to read how your date is going. A lot of people are likely foregoing a dinner date in public in observance of social distancing rules. With Valentine’s Day rapidly approaching, the Parks and Recreation Department in Greensboro, North Carolina has decided to offer up a take-home kit for a truly wonderful Valentine’s date. Continue reading →
Re-Ignite the Movement: A Virtual Gala Experience
On Saturday, January 30, 2021, the International Civil Rights Center and Museum (ICRCM) hosted its 61st Anniversary Gala virtually to celebrate national and local activists who have made significant contributions to advancing human and civil rights. Despite the pandemic, ICRCM flawlessly executed the event via Zoom, where all viewers and attendees had the best seat in the house—right from their living room couches. Continue reading →
Child Custody and Excusable Neglect
In Price v. Boccardy, the North Carolina Court of Appeals, in an unpublished opinion, reviewed Defendant’s appeal from the trial court’s order denying Defendant’s Rule 60(b) motion to set aside a final custody order.
Price v. Boccardy, COA20-127 (N.C. App 2020).
Facts: Plaintiff and Defendant were the parents of a minor child, three-year-old A.B. Plaintiff Mother filed a verified complaint seeking custody, claiming that the minor child was at substantial risk for bodily injury and sexual abuse. Plaintiff received an ex parte order awarding her temporary legal and physical custody. Defendant filed an answer denying Plaintiff’s allegations and a counterclaim seeking temporary and permanent legal and physical custody. The trial court’s March 7, 2018 order included that the ex parte order would remain in effect, with Defendant Father receiving at least one supervised visitation per week until the permanent hearing was scheduled. Continue reading →
Decision-Making in Child Custody
Ward v. Halprin, ___ N.C. App. ____.
Child custody has the potential to be heavily contested. In some cases, one parent wants to be able to have sole decision-making authority. In North Carolina, the ability to make these decisions is termed “legal custody.” Courts often grant parents joint legal custody. This means that either parent can make major life decisions regarding their children (usually education, religion, and non-emergency healthcare), often requiring the parents to make a good faith attempt at resolving issues in the decision-making process and providing legal recourse should they not resolve. However, the court can grant sole legal custody in some circumstances. Below is a case that did just that. Continue reading →
Guardianship of Minors in North Carolina
In the Matter of R.D.B., A Minor Child (No. COA19-1019)
Many children in Guilford County have guardians appointed by the court for a variety of reasons. A child who no longer has any living biological parents is a common example of when a court will appoint an adult to step in and make decisions on behalf of the minor child. In the Matter of R.D.B. addresses how petitioners Ruby and Caleb Harkness—maternal grandparents of the minor child—appealed from the order appointing Raymond Mann to serve as the guardian of the minor child R.D.B. (“Robert”). Continue reading →
DVPOs and Claimant Credibility
In Reece v. Holt, the North Carolina Court of Appeals, in an unpublished opinion, reviewed N.C.G.S. Chapter 50 for child custody and subject matter jurisdiction. Plaintiff Father claimed that an ex parte order established a “presumption” supporting a claim for domestic violence under N.C.G.S. § 50B. This article will focus on the domestic violence action only. Continue reading →
COVID Vaccines and Child Custody – Who Decides?
The recent rollouts of the COVID-19 vaccines have revealed differences of opinion as to who will and who will not take the vaccine. When you are separated or divorced, who decides for the children? Continue reading →
Boarding Schools, Private Schools, Prep Academies and Child Support
Koufman v. Koufman, 330 N.C. 93, 408 S.E.2d 729 (NC 1991)
Child support orders are modifiable in North Carolina when there is a substantial change in circumstances. But what happens when your child moves to a school away from home, such as a boarding school or preparatory academy? These institutions have dormitories where students live for most of the school year. They get breaks for holidays and summer. Tuition covers most of their living expenses. Below we discuss how the Court analyzed the expenses. Continue reading →
Why Are There Two Courthouses in Guilford County?
A coworker recently asked me, “Why does Guilford County have two courthouses, unlike other counties in North Carolina?” I was born in Greensboro, have lived most of my life in Guilford County, and honestly had no idea. After a brief amount of internet searching, I ran across a 1999 article written in the News and Record by Paul Garber, “High Point Courthouse Changed Legal Landscape.” Continue reading →
Child Support in High Income Families and Accustomed Standard of Living
Bishop v. Bishop, ____ N.C. App. _____ (Dec. 2020)
Child support in North Carolina is typically determined by a formula set out by the legislature and applied in child support guidelines and their worksheets. However, it was known for some income levels that the formula no longer becomes equitable. Too low or too high of income both throw a wrench into the calculus. For higher income families, the court may forgo the use of the guidelines and make findings on the reasonable needs of the child when compared to a parent’s ability to pay; meaning it should account for their assets, debts, and lifestyle. Continue reading →