North Carolina Divorce Lawyers Blog

Articles Tagged with custody

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By: Jennifer A. Crissman, Attorney, Woodruff Family Law Group
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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 →

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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 →

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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 →

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By: Leesa M. Poag, Attorney, Woodruff Family Law Group
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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 →

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CarolynDear 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 →

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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 →

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Carolyn

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 →

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Dear Carolyn,

The court has just ordered me to participate in a child custody evaluation with a local psychologist.  My children are seven and thirteen. I am a concerned Father, and the Mother has a new boyfriend that is “no good”. This new boyfriend is terrible around my children, and he is even spending the night with the Mother while the children are there. I disapprove of this. I also think the boyfriend is drinking and driving with the children in the vehicle.

What is a child custody evaluation? Continue reading →

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King v. Giannini-King, 784 S.E.2d 237 (N.C. Ct. App. 2016).

Facts: In October 2001, Plaintiff (father) and Defendant (mother) were married and then separated, about seven years later, in early June 2008. Two minor children were born to the parties’ marriage. After the separation, Defendant relocated with the minor children. Subsequently, to Defendant’s relocation, Plaintiff brought an action for divorce from bed and board, child custody, and equitable distribution. Defendant filed a motion to dismiss, a motion to strike, in addition to a counterclaim for custody, child support, alimony, etc. Continue reading →

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Dear Carolyn,

Triad parent here, contemplating divorce, but I feel compelled to stay together for the children.  The children are ages ten and twelve.  However, the marriage is quite bad; we argue all the time.  We never do anything together, and sex—forget that.  I work, and my wife does not work.  Can you give me any insight into considerations for whether I should stay in the marriage for the children, or at least until they are in college?  I want to do what is best for the children.  I am miserable.

~ Miserable Continue reading →