North Carolina Divorce Lawyers Blog

Articles Tagged with child custody

Published on:

By

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 →

Published on:

By

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 →

Published on:

By

Angel v. Sandoval, COA20-236 (unpublished 2020).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

Published on:

By

Alexander v. Alexander, ______ N.C. _______ (2021) (COA19-391).

In Greensboro, Grandparents may be awarded visitation rights if the Court deems it appropriate. Often, it is by intervening in the custody battle being fought by the custodial parents. Even after a final custody order is entered, a Grandparent may seek visitation when the circumstances affecting the child have substantially changed. But what happens when one of the parents passes away before the custody issue is resolved? Continue reading →

Published on:

By

Spring in Greensboro brings certain things. Pollen, unexpected rain showers, warmer weather, and taxes. The American Rescue Plan was enacted as part of ongoing Covid-19 relief. This plan provides an additional relief check, subject to income-cap requirements based on either 2019 or 2020 tax returns (most recent filed). The Plan also provides for an advance on half of a potential child tax credit for next year. These payments may both be at issue in a divorce case. Having tax return money in contention between divorcing spouses is hardly a novel concept. But due to the legislation providing pandemic relief, many spouses must find creative ways to divide relief funds when they were based on joint filings. The child credit advance presents a new wrinkle in divorce and custody cases. Continue reading →

Published on:

By

Bradley v. Bradley, No. COA20-48 (unpublished)

 

Plaintiff and Defendant married on May 20, 2006 and divorced on July 15, 2015.  The parties had one daughter born March 7, 2011.  The parties’ daughter was three years old when the original custody order was entered.  Defendant filed a motion to modify child custody on July 13, 2017, seeking primary physical custody of their daughter and permission to relocate with their daughter to Alabama to reside with her fiancé.  The trial court entered a judgment on July 19, 2019, awarding Defendant primary physical custody, allowing her to relocate to Alabama. Continue reading →

Published on:

By

Suppose that you are recently separated or divorced and have minor children. Should you have a life insurance policy in place to ensure sufficient resources are available to provide for your children if you suddenly die? What factors must you consider before taking out a life insurance policy to benefit your children? Should you enter into any agreement with your former spouse to carry this insurance? The answer to all of these questions is probably no. Continue reading →

Published on:

By

In Chica v. Chica, the North Carolina Court of Appeals, in an unpublished opinion, reviewed Plaintiff Father’s appeal of the trial court’s December 6, 2018 Order finding him in civil contempt and establishing purge conditions. Plaintiff Father also appealed the trial court’s April 2019 Order denying, in part, Plaintiff’s Motion for a New Trial related to the December 6, 2018 Order.

Chica v Chica,  COA19-856 (N.C. Ct. App. 2020)

  • Facts: Plaintiff Father and Defendant Mother were married on or about July 11, 1998. Two children were born of the marriage, and the parties separated in December 2014. The parties reached and the court entered a Consent Order for Child Support and Child Custody. The Consent Order’s relevant sections involve joint legal custody and decision-making, school assignment, medical and dental expenses, and the children’s private school.

Continue reading →

Published on:

By

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 →

Published on:

By

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 →