Everyone has seen a hearing on TV, but very few people know the process that leads up to that hearing. 95% of family law cases get settled before they even go to trial. Family law cases can be very stressful, but knowing what’s coming next can help lessen that stress. For a few weeks, we will look at the steps of a family law case prior to a hearing.
Part 3: Service (Rule 4) Continue reading →
In re JBD, 2022-NCCOA-353 (unpublished).
In North Carolina, termination of parental rights (TPR) cases exist to remove one parent’s complete rights to their child. The grounds for doing so include abuse and neglect of the minor child. The evidence must prove those grounds by clear and convincing evidence, a burden above a preponderance and below beyond reasonable doubt. There are some procedural steps as well. For example, in response to a TPR, the respondent can deny the allegations. If so, the court must appoint a guardian ad litem for the minor child. Another instance of a peculiarity of TPRs is that the trial court essentially enters two orders: one for adjudication on grounds for TPR, and one actually terminating rights (called the disposition order). This is because there are two major steps for TPR: one to find the grounds, and the other to determine whether it is in the best interest of the minor child to terminate a parent’s rights. Below is a case where a respondent did not follow procedure. Continue reading →
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 →
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 →
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 →
During a stage presentation at CinemaCon in Las Vegas last week, Olivia Wilde was handed a yellow envelope marked “Personal and Confidential.” Wilde was discussing her upcoming film Don’t Worry Darling when the ordeal transpired, confusing both Wilde and the audience. Out of curiosity, she opened the envelope to see what was inside. After noting the contents, Wilde continued with her presentation. Later, sources confirmed that the envelope contained legal papers pertaining to her children with ex-fiancé Jason Sudeikis.
Williams v. Johnson, 2022-NCCOA-120 (2022) (unpublished).
Kim Kardashian and Kanye West’s custody battle involving their four children has begun to heat up. When Kim first filed for divorce early last year, both Kim and Kanye agreed that they should share joint custody of their four children. Now, it appears the couple is a long way from agreeable terms.
It is not the first time Kanye West has taken to social media to air his grievances. The artist often uses platforms such as Twitter and Instagram in a personal diary manner, posting entries for his millions of followers to read. Kanye, who recently legally changed his name to Ye, shared a string of since-deleted images and messages about his fears for the safety of his daughter, North West, and allegations against Kim. A few of the deleted messages are outlined below.
As COVID-19 persists in our daily lives, the war on vaccines rages on. Many parents continue to disagree about vaccination status concerning themselves and their minor children. Two parents who currently reside in New Brunswick, Canada, have found themselves in a heated disagreement with each other over vaccines and sought a judge to rule on the disagreement. The parents, who are not identified in the court ruling, separated in 2019 and share custody of their three children. Continue reading →
On May 23, 2021, a cable car cabin crashed in Stresa, near Lake Maggiore, Italy. Eitan Biran, his parents, younger brother, and 11 other people were in the cabin when it plunged to the ground. Biran was the sole survivor. The child was born in Israel but moved to Italy with his family when he was just one month old. Biran had been living in Italy ever since. After the crash, Biran lived with his aunt in Italy. While visiting Biran in Italy, Biran’s maternal grandfather drove him to Switzerland without his aunt’s consent and chartered a private jet to take the two back to Israel. A cross-border custody battle ensued. Continue reading →
North Carolina Divorce Lawyers Blog