Articles Tagged with custody

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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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Surrogacy and in-vitro fertilization are generally not possible without gamete donors. However, like surrogacy contracts, gamete donation isn’t addressed by North Carolina statutes or cases. Both donors and intended parents need to protect themselves under North Carolina’s contract laws by making sure they have a strong contract addressing their interests. As with surrogacy, a contract needs to be reviewed by independent legal counsel for each party prior to signing and then signed before any gametes are fertilized. 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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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.

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Wayne Hopper, Legal Assistant

When an issue is winding its way through the court system, you may feel as if time stands still. Family law cases can be especially trying due to the emotions they elicit and the time it takes to see them through to the end. Family law cases not only come with a monetary cost, they can be costly in time and emotional currency. The prolonged drama of hearings and motions and continuances takes a toll on a family’s financial and emotional well-being. And the backlog in family court has been exacerbated by court closures stemming from the Covid-19 pandemic. Continue reading →

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Wayne Hopper, Legal Assistant

Risen v. Risen, COA19-342 (N.C. Court App. 2020)

The legal term “contempt of court” describes situations when an individual either willfully refuses to follow or otherwise fails to obey a legally binding order issued by a court. North Carolina recognizes two types of contempt: criminal contempt and civil contempt. Criminal contempt is used when a party violates a court order (or otherwise showing disrespect for the court) and to deter future acts of contempt. Civil contempt is intended to provide a remedy for an injured party or to force compliance with an existing court order. But does contempt have limits? In North Carolina a trial court judge threatened two minor children with civil contempt during a custody dispute between their parents. Continue reading →

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Wayne Hopper, Legal Assistant

Graham v. Jones

Child custody issues can be confusing and difficult to navigate. This is especially true when grandparents seek custody of a grandchild. Grandparents find themselves with questions regarding child custody and their rights and often do not know where to begin. Would it be best to seek custody or visitation? What are the potential benefits and drawbacks of each? Which is likely to be more successful? North Carolina case law can answer those questions. Decisions made by N.C. courts establish legal precedents which help guide courts in making decisions on similar issues today. For grandparents seeking custody or visitation due to the death of their own child (a biological parent of the child in question) and parental fitness of the surviving parent, the case of Graham v. Jones may provide some guidance. Continue reading →

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Williams v. Johnson, 2022-NCCOA-120 (2022) (unpublished).

  • Facts: Mother and Father were in a custody case over their minor child. On April 28, 2017, Mother was awarded primary custody, and Father received visitation. A few years later, on August 11, 2020, the trial court modified the custody but later vacated their order, reverting back to the April 28 Order. In October of 2020, Father filed to modify the custody. Linda Key was called on to testify that, for the past three years, she was the caretaker for the minor child. Ms. Key is not a party to this case and has not entered into the case in any form. Trial court granted custody of the minor child to Ms. Key and found that both parents had acted contrary to their protected status as parents. Father appealed.

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