North Carolina Divorce Lawyers Blog

Articles Tagged with child custody

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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 →

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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 →

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When does your obligation to pay court-ordered child support payments stop? Like most issues in the legal field, it depends.

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Mims v. Parker, 839 S.E.2d 433 (N.C. App. 2020)

In North Carolina, dog owners can be liable for injuries caused by their dogs. We all love our friendly four-legged companions, but a dog is still an animal that can cause devastating injuries if it reacts poorly to a situation. We all have heard stories of how even the most kind and gentle ones can fly off the leash in a fit of madness. But our state limits liability for dog attacks to certain exceptions. Mims v. Parker is a case that addresses some of the liabilities. Continue reading →

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Gyger v. Clement, ___ N.C. ___ (August 2020) (31PA19)

In North Carolina, foreign orders for child support can be registered in this state, allowing our courts to enforce the orders. It is extremely helpful to register a foreign order in the state if the party you are seeking relief from resides here. Sometimes, the plaintiff in these actions is not a state resident. Other times, they may not even be a US resident. Below, we examine a case about how testimony can be given when a witness to a child support action is in another country. Continue reading →

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Tuel v. Tuel, 840 S.E.2d 917 (2020).

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? Improvement to quality of life is only one of the factors that must be taken into account when making the determination. If custody litigation arises, then the Court must review any factor that has bearing on the best interests of the children. These can be complicated cases (as can be seen below), 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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On Friday, December 11, 2020, Chief Justice Cheri Beasley announced that in North Carolina non-essential, in-person court proceedings would be postponed for 30 days, beginning Monday, December 14, 2020.  Unfortunately, this has become the norm as the state continues to battle the widespread effects of the coronavirus pandemic.  With in-person court proceedings grinding to a halt, many divorced and separated parents are finding themselves in uncharted territory in terms of co-parenting.  As a result, many parents have taken matters into their own hands and are beginning to make day-by-day decisions regarding what is best for their children in these situations.

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In 2020, the holiday season will be one of the most tumultuous in recent years now that Covid-19 rates are beginning to rise again. For parents with ongoing custody cases or custody orders already in place, it presents an especially trying time. Travel is a large component of every holiday season. But before parents and children travel to see their relatives, they need to spend few minutes reflecting on their current custody arrangements. Violating a court order or recklessly leaving on a holiday trip can hurt your case or bring you in contempt of court. Continue reading →

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With the 2020 holidays rapidly approaching, newly separated and divorced parents may be experiencing increased stress over when and how to deal with spending the holidays sharing their children.

The first thing to remember is that if you have a child custody order entered by the court, you must follow the court’s orders for holiday visitation. Time often tends to get away from us when we are spending time with our children and families. If your court order says that a custodial exchange shall occur at a specific place or time, ensure that you are mindful of being prompt. Failing to follow the judge’s orders, especially if your relationship with your former partner is contentious can subject you to being in contempt of court and payment of the other parent’s attorney fees.

The only way you may not have to follow a court-ordered schedule is if the child custody order contains language that allows the parents to make mutually agreed-upon schedule changes. The best advice, if the order permits the parties to make changes, is to keep proof of the agreement to deviate from the custody order in writing by either email or text message. Remember that once you agree to the change in the schedule, you should abide by those changes just like the change was in the court order.

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A common question that often asked during consultations and discussions between attorneys and potential or current clients is: Can I date during my divorce case? The answer depends on the specific facts of your case. Factors to consider include: Are you separated; how long have you been separated; are there minor children affected by dating; have martial funds been used to support the new relationship; and, probably most importantly, when did you start seeing this new person? Continue reading →