Articles Tagged with children

Y Michael Yin, JD

GREEN V. CARTER, 2024-NCCOA-______ (2024).

Facts: The case involves two women, Mother and Partner, who had an on-and-off romantic relationship and planned to have a child together through IVF. Although only one woman gave birth and was listed as the mother on the birth certificate due to Michigan law, both participated in selecting the sperm donor and jointly named the child. After their relationship ended, they moved to North Carolina.

Published on: March 28, 2024

Modifying a Custody Order in North Carolina

Custody and visitation orders in North Carolina are commonly amended when the terms no longer benefit the children and there has been a change in circumstances. Not every change will lead to a revised custody order, so understanding when a qualifying change has occurred can help you decide if it’s time to request an amendment to your order.

Published on: December 11, 2023

Florida Enacts Law for Designated Child Custody Exchange Locations

The Florida House Civil Justice Subcommittee has approved legislation, known as HB 538 or “Cassie’s Law,” which mandates the establishment of safe exchange locations for child custody transitions. The bipartisan bill aims to enhance the safety of child custody exchanges following the tragic case of Cassie Carli, a mother who disappeared and was later found dead after a custody exchange in 2022.

Published on: October 30, 2023

What Happens When a Parent Violates a Child Custody Order?

Custody orders are not required for parents who are not together, but many choose to obtain a court order when they cannot agree on custody, visitation, and other issues related to raising their child. Without a court-issued custody order, the legal parents share equal rights.[1] Continue reading →

Published on: October 18, 2023

7 Tips to Co-Parenting Success

Co-parenting can be a challenging journey, but when done successfully, it can provide stability and support for children growing up in a separated or divorced family. Effective co-parenting requires cooperation, communication, and a commitment to putting your child’s well-being first. Here are seven valuable tips to help you navigate the path of successful co-parenting. Continue reading →

Published on: October 9, 2023

Child Support and Legal Fees

Marecic v. Baker, 2023-NCCOA-______ (2023) (unpublished).

Facts: The case involved a dispute between the Plaintiff and Defendant, who are the biological parents of a minor child named R.J.M. The parties never married but purchased real estate in North Carolina and Florida during their relationship. Defendant had two older children from a previous marriage. Initially, they lived together with the children in North Carolina. Their relationship ended in January 2017, and Defendant and her two children moved to an apartment while Plaintiff stayed in their property. Despite the separation, they shared custody of R.J.M., with Plaintiff covering most of Defendant’s living expenses and expenses related to all the children. Actions commenced in December 2018 when Plaintiff filed for child custody, child support, attorney’s fees, and alternative dispute resolution. Defendant responded with a complaint for various matters, and the cases were consolidated. Temporary child custody orders were issued in March and July 2019, followed by a permanent child custody order in May 2021, granting shared custody on a rotating schedule. In May 2022, the trial court issued a child support order, and in June 2022, Defendant’s attorney filed for attorney’s fees. In August 2022, the trial court ordered Plaintiff to pay for some of defendant’s legal expenses. Plaintiff appealed.

Published on: October 6, 2023

Hearsay Can Be Admitted – Rarely

IN RE: H.G., 2023-NCCOA-______ (2023) (unpublished).

Facts:

In June 2012, the respondent adopted Heather, along with her older sisters Sally and Ellen. In a prior legal proceeding, allegations of improper discipline led to the adjudication of neglect and dependency for Heather, and abuse, neglect, and dependency for Sally and Ellen. Continue reading →

Published on: October 2, 2023

Grandparent Visitation When Widowed

Rose v. Powell, 2023-NCCOA-______ (2023).

Facts: Plaintiffs were the biological grandparents of the minor child in this case. Plaintiffs’ son, Jacob Chandler Rose, unexpectedly passed away. At the time of his death, the Defendant, Jacob’s wife, was pregnant with Jacob’s child, later named Aubrey, born on April 30, 2019. The Plaintiffs embraced their role as grandparents to Aubrey and spent time together, forming a close bond until May 2021. During this period, they assisted the Defendant with legal matters related to social security claims and provided financial support for Aubrey’s baptism. However, in May 2021, the Defendant severed contact between the Plaintiffs and Aubrey, resulting in a cessation of visitation. The Plaintiffs responded by seeking secondary custody of Aubrey on November 29, 2021. The Defendant, on February 2, 2022, filed a motion to dismiss and countered with requests for temporary and permanent custody, along with child support arrangements. The case was heard on August 15, 2022, the court issued an order dismissing the case. The Plaintiffs appealed this decision.

Published on: August 30, 2023

Child Support Insights on Bishop v. Bishop