North Carolina Divorce Lawyers Blog

Articles Tagged with child custody

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Family law and child custody have once again been brought to the forefront of Hollywood news with the recent announcement that Judge John Ouderkirk has decided to award Brad Pitt joint custody of his children with Angelina Jolie.  The decision applies to five Jolie-Pitt children who are all under the age of eighteen (18).  A recent filing revealed that Jolie planned to appeal the decision, although sources say she does not object to the joint custody decision but instead objects to “other issues that are of concern.” Continue reading →

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CRAVEN CTY. V. HAGEB, 2021-NCCOA-231

Child support in Greensboro is most often calculated using guidelines and worksheets that provide a formula based on income, overnights with the child, and some other factors. A failure to follow the guidelines is error that can be appealed. Most often, the biggest factors are going to be gross income and custodial schedule. North Carolina courts require more than unsubstantiated conclusions about gross income. Below is a case that discusses what more is needed to support an Order for child support. Continue reading →

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For full text of S. 397 click here

June is Children’s Awareness Month, and on the occasion a bill (S. 397) was introduced into the United States Senate titled the Safe Home Act. What this bill aims to do is curtail the “unregulated custody transfers” that occur incident to adoption. The bill defines this transfer as “the abandonment of a child by the child’s parent, legal guardian, or a person or entity acting on behalf, and with the consent, of such parent or guardian,” by placing the child with a person who is not the child’s parent, step-parent, grandparent, adult sibling, adult uncle or aunt, legal guardian, or other adult relative; or an adult family friend; or a member of the federally recognized Indian tribe of which the child is also a member. There must also be an intent to “severing the relationship between the child and the parent or guardian of such child” without “reasonably ensuring the safety of the child and permanency of the placement of the child, including by conducting an official home study, background check, and supervision” and “transferring the legal rights and responsibilities of parenthood or guardianship under applicable Federal and State law.” Continue reading →

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There are two main types of child custody in North Carolina: joint and exclusive/sole. In our state, the court’s job is to determine which parent serves the best interests of the child, after hearing and weighing all the evidence. The standard is probably uniform across all jurisdictions at this point. But what still fluctuates is when the court should award non-joint custody. Continue reading →

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Baldwin v. Baldwin, unpublished (2021).

After separation and divorce, it is not unheard of for one spouse to move out of state. If the former couple had minor children together, then the question is which spouse is primarily going to have custody of the children? Many factors may come into play when making the determination, such as improvement to quality of life. These are complicated cases, and the parent seeking custody needs to demonstrate that relocating the children to another state best serves the development and growth of the children. Continue reading →

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The month of May is Mental Health Awareness Month.  Each year, the National Alliance on Mental Illness (“NAMI”) joins the national movement to raise awareness about mental health.  For the year 2021, the message “You Are Not Alone” is the amplifying theme for the month.  This theme is relevant now more than ever, given that the resounding impacts of COVID-19 have left many people feeling isolated and alone during these challenging times.  Mental illness affects every aspect of a person’s life, especially if that person is facing divorce and/or a child custody battle.  Although it can be difficult to talk about, sharing your struggles with others to get the help you need will be highly beneficial for your family law case. Continue reading →

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Utah recently enacted a new statute that denies hunting and fishing licenses to those who are delinquent on child support payments. They have recently began notifying some of those people that they may be denied licenses based on their delinquency. According to their state child support enforcement records, roughly 19,000 are currently behind on payments, and of those 19,000, roughly 9,500 are hunters or fishermen that have applied for licenses in the past. The interesting correlation between hunting/fishing and child support aside, Utah’s new statute is not groundbreaking in any way. In fact, North Carolina has had a similar statute for years. Continue reading →

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Fecteau v. Spierer, COA20-532 (2020).

Child custody orders are modifiable under North Carolina law. In order to modify, the party seeking a modification must show a substantial change in circumstances, from those found in previous order, that warrants modification. It may seem obvious that big changes in the custodial parent’s life meet that standard. But in the case below, we discuss how improvements in the noncustodial parent’s life can warrant a modification in his favor, which can grant him more time with his kids and more decision-making abilities. Continue reading →

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Fecteau v. Spierer, COA20-532 (2020).

Child custody orders are modifiable. In order modify, the party seeking a modification must show a substantial change in circumstances, from those found in the previous order, that warrants modification. In some cases, primary physical custody is awarded to a nonparent. Most often, this nonparent is a relative, such as a grandparent. Below, we discuss a case where a parent was granted primary physical custody from the grandparents, and we address the legal standard for how to get there. Continue reading →

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Angel v. Sandoval, COA20-236 (unpublished 2020).

If your ex, or you, lost a job and income and considered modifying child support to a lower amount in response, it may not always mean that the modification will be granted. Here in North Carolina, it depends on the circumstances surrounding the job and income loss. If it was intentional, with bad faith, then the court may impute income based on the parent’s earning capacity rather than actual current income. However, the analysis is nuanced and can be difficult to show. Below is one such case where there simply was not enough evidence to impute. Continue reading →