North Carolina Divorce Lawyers Blog

Articles Tagged with child custody

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Plaintiff Nigel Williams (“Father”) and Defendant Latoria Johnson (“Mother”) were married on May 1, 2015.  Father and Mother had one child born February 17, 2016.  Father and Mother then separated on April 30, 2016.  On January 17, 2017, Father filed a complaint for child custody.  On April 28, 2017, a custody order was entered granting joint legal custody of the minor child to Father and Mother, primary physical custody to Mother, and secondary physical custody by visitation to Father.

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Part 7: Trans Children in Custody Battles

In Part 6 we talked about gender affirming treatment for trans children. Unfortunately, gender affirming treatment, and even the idea of trans children at all, can be controversial. If you have a trans child, you and your child’s other parent may have very different ideas about whether and how to support your child’s gender identity. If you find yourself in that situation, you may also be facing a custody case, even if you are currently with the other parent. You certainly wouldn’t be the first parent to leave a spouse or partner because of their awful treatment of a trans child! Continue reading →

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Part 5: Custody Cases Involving LGBTQIA+ Children

Parenting LGBTQIA+ kids can be difficult; trying to protect your child from bullies and bigots is enough to give any parent a sleepless night. Supporting your child, especially if you aren’t familiar with the LBTQ community, can mean working hard to expand both your and your child’s horizons as you help find resources and mentors. Depending on the environment you were raised in, you may also be working to unlearn years and years of your own biases, both conscious and unconscious. It can all be incredibly overwhelming. It may seem like the added stress of a custody battle is the last thing you or your child needs, but if your child’s other parent is unsupportive of your child’s sexual orientation, gender identity, or gender expression, using the law may be your only recourse to protect your child’s wellbeing. Continue reading →

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Part 4: Palmore v. Sidoti (466 U.S. 429 (U.S. Apr. 25, 1984))

In custody battles between straight/LGBTQIA+ couples, one of the most common arguments that is brought up against the LGBTQIA+ parent is the concern that the child will face social stigma or bullying because the child resides with a gay parent. At first glance, this may seem like a legitimate fear, especially to parents or judges who themselves grew up in less tolerant areas or who were bullied as children. Fortunately for LGBTQIA+ families, social stigma is lessening every day, and studies have found that children with LGBTQIA+ parents don’t tend to get bullied any more than other children. Continue reading →

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Part 2: Trans Parent Custody

This is PRIDE month, and we are looking at family law issues that are specific to the LGBTQIA+ community. In Part 1, we discussed the difficulties LGBTQIA+ parents face in custody cases. Those issues can be daunting enough, but for transgender parents custody cases can be even more complicated. Continue reading →

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A couple in India, Sanjeev Ranjan Prasad and his wife Sadhana Prasad, are retired and longing for a grandchild.  The couple have one son, who received pilot training in the United States and is currently a pilot. Approximately six years ago, Sanjeev and Sadhana arranged for their son to marry their now daughter-in-law. According to Sanjeev and Sadhana, more than enough time has passed for the couple to settle into married life and begin having children.

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We’ve written before on the importance of establishing some new routines and traditions after (or during) a tough separation and divorce. Sometimes if you focus on the simple things it can make the difficult and complicated seem easier to deal with, especially in a contentious custody case. The courts believe that they ought to do what is in the best interests of the kids, and so should you. This May, treat yourself and your kids to some soul-nourishing pizza. You can eat veggies some other day. Continue reading →

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As we discussed in Part 2 of our series, North Carolina doesn’t have statutes or case law protecting surrogates and intended parents, so the best way to protect yourself, no matter your role in the process, is to have an ironclad surrogacy contract. A surrogacy contract should be reviewed by independent legal counsel for both parties and signed prior to any medical procedures. No matter how sure the parties may feel at the time, the contract should be carefully considered by the parties and reviewed by attorneys. Continue reading →

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In Part 1, we talked about the confusing hodgepodge that is international and US surrogacy law. In considering surrogacy, you may be hoping to keep things close to home to keep travel costs down and stay close to everyone involved and wondering what the law is here in North Carolina. While North Carolina doesn’t have any specific law regarding surrogacy, most judges in the state will grant intended parents pre-birth orders protecting their status as parents, and North Carolina is considered a surrogacy-friendly state. Continue reading →

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This May, Mental Health Awareness Month, we examine how mental health stigmas impact child custody cases and what to consider if you are a parent diagnosed with a mental illness.

 

Lately, it seems like everywhere you turn, people are discussing Amber Heard and Johnny Depp. A lot has been said about Heard’s mental health issues and the testimony given by psychologist Shannon Curry, who described those with borderline personality disorder and histrionic personality disorder as showing “a lot of cruelty,” “very concerned with their image,” and playing a “victim or princess role.”

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