North Carolina Divorce Lawyers Blog

Articles Tagged with custody

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Part 4: Palmore v. Sidoti (466 U.S. 429 (U.S. Apr. 25, 1984))

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 →

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Part 2: Trans Parent Custody

This is PRIDE month, and we are looking at family law issues that are specific to the LGBTQIA+ community. In Part 1, we discussed the difficulties LGBTQIA+ parents face in custody cases. Those issues can be daunting enough, but for transgender parents custody cases can be even more complicated. Continue reading →

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Part 1: Custody Battles for LGBTQIA+ Parents

Every parent involved in a custody battle harbors at least some fear that they may lose custody of their child, no matter how unlikely it is. This fear is even greater for LGBTQIA+ parents, and understandably so. While acceptance for LGBTQIA+ individuals may be increasing, particularly since Obergefell v. Hodges, stigmas against LGBTQIA+ people can still influence custody decisions in North Carolina. If you are an LGBTQIA+ parent facing a custody hearing, it is important to engage an experienced family law attorney to help prevent those stigmas from keeping you away from your child. Continue reading →

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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 →