For children caught in the middle of a divorce, few things feel more uncertain (or more frightening) than not knowing what their daily life will look like going forward. Continue reading →
Our last blog covered the facts of Williamson v. Smith (909 S.E.2d 926). Father argued that the custody order was permanent, while the mother argued that it was not. Continue reading →
The term “permanent” in a custody order holds extra weight at first glance. After all, if the title says “Permanent Custody Order”, it’s easy to assume that the arrangement can only be changed if something occurs that is substantial enough to garner the court’s attention. Continue reading →
Many assume that a child’s parent always comes first in a custody dispute. Grandparents, aunts and uncles, even cousins couldn’t possibly stand a chance against a child’s mother or father. Many also assume that if you were never properly served with court papers, any following order can be undone later. Continue reading →
We will discuss the Fairley v. Matelski (2024) case and see why the North Carolina Court of Appeals upheld a custody decision, acting in the child’s best interest.
You will see how nuanced custody decisions can be, why it is imperative to pay special attention to every fact in family law cases involving child custody, and how even the smallest details can make a big difference. Continue reading →
Child custody disputes are among the most common family law matters in court. Yet, due to the sensitive nature of the relationships and the complexity of the law, these cases can yield very different outcomes depending on the smallest details. Continue reading →
Anyone who suspects that a child is being abused or neglected can make a report to the Department of Social Services or Child Protective Services in North Carolina. This system is intended to protect children and ensure they have safe caregivers and homes. If a report is determined to be unfounded, it means that an investigation found no evidence of the reported neglect or abuse. 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 →
Legal custody and physical custody are not the same thing. While both are brought up in North Carolina custody cases, they deal with two different aspects of parenting. Physical custody applies to the parent that has the child in their care. Essentially, the parent with whom a child lives most of the time has physical custody. Legal custody carries the right and responsibility to decide on important matters for a child’s welfare and best interest. Continue reading →
North Carolina Divorce Lawyers Blog