North Carolina Divorce Lawyers Blog
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 →
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Parental Conflict in Custody Modifications in North Carolina
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 →
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Custody Involving Parents and Nonparents in North Carolina
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.
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When Do North Carolina Courts Allow Grandparents to Seek Custody and Visitation?
Parents have a constitutionally protected right to take care of their children, which includes making decisions about whom their children will spend time with. It is difficult to overcome this parental presumption. Grandparents who wish to seek visitation with their grandchildren should be aware that there are strict rules in North Carolina about when they can file and on what factors a decision will be based.
Evans v. Myers
In a recent North Carolina Court of Appeals case, Evans v. Myers, Mother appealed after the trial court granted Paternal Grandparents legal and physical custody of her child while only awarding her limited visitation.
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Case Review: Grandparent Visitation Rights and the Death of a Parent
Grandparents can only file for visitation during an ongoing custody dispute between the parents or if they can prove the parents are unfit. What happens if the parents’ custody case is resolved before the court has a chance to decide on grandparent visitation? This was the question at the center of a recent North Carolina Court of Appeals case.
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Can You Amend Child Custody Based on Long-Standing Conflict with a Co-Parent?
There must be a substantial change of circumstances in order to request a modification to a child custody order in North Carolina. Additionally, that change must affect the child or children’s welfare. Conflict between parents certainly does impact a child, but does it satisfy this requirement if this conflict has existed between the parents for a while? Continue reading →
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Can Parents Use Evidence from a Previous Custody Case When Requesting to Modify an Order?
Modifying court-ordered custody arrangements in North Carolina requires a substantial change in circumstances and an impact on the child caused by those circumstances. What evidence must parents or guardians provide when showing a change has occurred? It depends completely on the specifics of each case, but one requirement is that the evidence must not be based on anything of which the court is already aware. Continue reading →
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How is Jurisdiction Determined in a North Carolina Custody Case?
North Carolina and almost every other state uses the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) to determine jurisdiction. The UCCJEA uses four elements to determine jurisdiction in initial custody cases:
- Home state
- Significant connection
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Grandparent Visitation Rights in NC: When Can You File and How is it Decided?
Grandparents are inarguably a vital part of a child’s life, but the decision to include them is ultimately up to the parents. It can be devastating for grandparents when contact with their grandchild has been restricted. What are your options as a grandparent for seeking court-ordered visitation in North Carolina?
When Can You File for Visitation as a Grandparent?
North Carolina allows grandparents to file for visitation only in certain circumstances. The state allows grandparents to file for visitation only if the child’s family is not intact, which may include the following scenarios:
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When Can Parents Modify Their Child Custody Orders in North Carolina?
Parents in North Carolina can request that the court modify a custody order, but changing custody and visitation arrangements will only be possible in certain situations. Continue reading →