We all know divorce can be expensive. And with kids involved, the legal costs can add up even more rapidly because of custody and child support disputes. A recent North Carolina case, Stewart v. Brickman, helps explain when a court might order one parent to help pay for the other parent’s legal bills. Continue reading →
In this post, we will discuss the implications of the Aguilar v. Mayen case and why the North Carolina Court of Appeals has vacated a custody order. If you are a family lawyer, judge, or a parent in North Carolina, you’ll find this case important, especially from the perspective of how custody orders need to be written to stand. Continue reading →
The Indian Child Welfare Act (ICWA) was enacted to protect the best interests of Native American children and promote the stability of Native families and tribes. It requires that courts make efforts to keep families intact and prioritize putting children in out-of-home placements that are within the child’s family or community. Further, the child’s tribal nation and family have a right to participate in decisions regarding foster placements. Continue reading →
There are numerous factors courts must consider when making custody and visitation determinations, but the preeminent factor is the best interest of the child. In some cases, courts may weigh the child’s preference as part of their overall considerations, but this is handled on a case-by-case basis. The child’s age, maturity, and ability to understand the implications of such a decision may impact a court’s willingness to consider the child’s preferences. Continue reading →
By Paul K Mengert, II, JD
Moving out is not a good first step to divorce.
Moving out can seem like the obvious first step to ending an unhealthy relationship. But moving out has many potential repercussions for married individuals in North Carolina, making it an impulsive and bad decision. Continue reading →
May is National Pet Month, when we celebrate the special role pets play in our families and in our hearts. Continue reading →
Spring break is an opportunity to spend quality time with your kids as they enjoy a break from the grind of school. Some families plan vacations or extravagant activities, but for those going through a custody dispute, finding fun things to do can be tricky. From monetary concerns to temporary travel restrictions, you may need to get a bit creative with the activities you plan this year. The good news is we’ve created this list of some great spring break ideas as you go through a custody dispute to make this holiday one of the best ones yet. Continue reading →
Self-executing modifications are provisions within a contract or order that amend the terms upon a specified event that may occur in the future. The legality of these provisions varies from state to state; some states have determined that self-executing modifications are typically illegal, and others have yet to make any clear or definitive decisions about the legality of such terms.
The North Carolina Court of Appeals case of Madison v. Gonzalez-Madison involved a self-executing modification in a custody order, and the appellate court’s ruling provided clarification on North Carolina’s laws regarding this issue. Continue reading →
Courts in North Carolina often enter temporary orders on child custody because time is of the essence in such an important issue. These temporary orders must be followed until the court makes a final ruling, but temporary and permanent orders are handled differently in terms of requesting changes. Is returning to court for a final ruling the only way for an order to become permanent? Continue reading →
As the holiday season approaches, celebrations and gatherings often include alcohol, increasing the possibility of drinking and driving.
Beyond immediate safety concerns, driving under the influence (DUI) can have lasting impacts on individuals, especially when it comes to family and custody matters. In North Carolina, a DUI conviction can significantly influence child custody cases, affecting parents’ rights and family dynamics. Continue reading →
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