When analyzing custody, the issue of who has rights to custody of a minor is commonly focused on the biological parents of the child. In the eyes of the law, under the right circumstances, biological parents may be disfavored in congruence to “third party” individuals who assert rights to custody. Continue reading →
In a typical child custody case, the mother and father of a child are seeking the intervention of the court to settle their dispute over who should be granted custody of their child. Though this is the situation most often facing family law attorneys throughout the Triad, the cases become more complex when one of the parties seeking custody of a child is not a biological parent of that child. Continue reading →
As contentious custody cases in the Piedmont progress, it is likely that a parent may be called “unfit.” In a legal context, this word has a specific meaning, and drastic consequences should the court find a parent unfit. In this second installment on standing to apply for custody, we will examine how a parent’s rights are affected when there is an allegation of “unfitness.” Continue reading →
If you have been involved with a highly contentious custody case in the Triad, you know that family members will start coming out of the woodwork to ask for custody of the minor children. This phenomenon is even more prevalent when the parents are not adequately caring for their children. This multi-part series will examine who can have standing to apply for custody of the minor children under North Carolina law, and the analysis the Court must follow. In part one of our series, we will examine the Constitutional Rights of the biological parents, which is the bedrock for all subsequent analysis by the Court. Continue reading →
Dear Carolyn,
I know I should have kept my mouth shut during the divorce, but I didn’t. My daughter-in-law ended up with custody (not that it wasn’t somewhat justified), but now she is taking it out on us and won’t let my husband and I see our own grandchildren. We worked hard and saved all of our lives, and now we have time and enough money for trips to the beach, mountains, even Disney World, and would love to take our grandchildren, but we aren’t even allowed to take them out for ice cream. As grandparents do we have any rights? Continue reading →
Dear Carolyn,
I have a two-year-old and a five-year-old, and I am separated from their Father. I am filing for custody and divorce. I hear I am going to have to go to mediation with the Father, and I really don’t want to see him. I am not exactly afraid of him, but it sure is unpleasant being around him. Do I have to go to mediation, really?
~ Curious Continue reading →
Recently, the North Carolina Court of Appeals has taken steps to hold medical professionals accountable when they become involved in legal proceedings. Family law attorneys in North Carolina are familiar with the process of a custody evaluation performed by a licensed psychologist. The Court of Appeals recently held that these licensed psychologists can be disciplined by their licensing board if their performance of the evaluation negatively affects clients, or even attorneys involved in a case. Continue reading →
Dear Carolyn,
Now that summer is almost over and school will be starting back, I am reflecting on the summer trip with my two children, who are 9 and 11. Their mother and I are divorced, and I am trying to make summer memories with them that will last a lifetime. This summer we ventured to the West Coast to see the sites. While in Flagstaff, Arizona, we saw advertisements for a place called “Bullets and Burgers” in Arizona. That reminded me of the headlines about a nine-year-old girl from New Jersey, who killed her Uzi instructor in a place like this. I am just curious if this could happen in North Carolina. What are the North Carolina laws on this? Do we have places like “Bullets and Burgers” in North Carolina? My ex is dating a guy who owns a lot of guns. Could he take my children to such a place?
~ Curious and Concerned Continue reading →
Dear Carolyn,
Visitation exchanges are almost always awful for my eight-year-old when the exchange is not at school. I am a Father with fifty-percent custody. I have Mondays and Tuesdays overnight. My ex has Wednesdays and Thursdays overnight. We alternate weekends. Continue reading →
Dear Carolyn,
I am in a custody battle with my ex-husband. My nine-year-old wants to live with me. Can my nine-year-old simply tell the judge this, and then we are done with this mess? I have heard a child can talk to the judge in “chambers,” but I am not sure what this means. Continue reading →
North Carolina Divorce Lawyers Blog