North Carolina Divorce Lawyers Blog

Articles Tagged with custody

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By: Jennifer Crissman, Attorney, Woodruff Family Law Group
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As we discussed in Part 2 of our series, family law attorneys practicing in Guilford and surrounding counties have difficulty when trying to admit hearsay statements regarding alleged sexual abuse in custody cases. While there may be several ways to have these hearsay statements admitted, it is crucial the attorney determines the most viable hearsay exception that can be applied. In situations where a child has given statements to several professionals at a Children’s Advocacy Center, it can be frustrating as there is a dearth of case law on statements given at Children’s Advocacy Centers. However, a recent case from the N.C. Court of Appeals that is particularly helpful is State v. McLaughlin, No. COA15-333. Continue reading →

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In any divorce, custody cases can be extremely complicated. While we want to believe that most parents can amicably work out an agreement that is best for the children, the reality is that there are often long and drawn-out custody battles that can exhaust the entire family. Under North Carolina law, child custody orders can be modified in two basic circumstances: when one of the parents has violated a court order, or when one or both parents allege a substantial change in circumstances. Continue reading →

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By: Jennifer A. Crissman, Attorney, Woodruff Family Law Group
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In our fact pattern from Part 1 of our series, the first indication of child sexual abuse was in the statements Aaron and Billy made to Grandmother. Family law attorneys in Guilford County would be wise to try to have these statements admitted under the exception in Rule 803(4) on hearsay, “Statements for Purposes of Medical Diagnosis or Treatment.” N.C.G.S. § 8C-1, Rule 803(4). While a practitioner’s first inclination may be to dismiss this hearsay exception as irrelevant since the statements were made to Grandmother who is not a medical professional, this exception is extremely flexible. Continue reading →

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By Jennifer A. Crissman, Attorney, Woodruff Family Law Group
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When attorneys in Guilford County try custody cases in which there have been allegations of child sexual abuse, it is vital that statements made by the child regarding the abuse be admitted into evidence. These statements regarding abuse can be critical in determining the best interests of the child, as well as the level of supervision and involvement of the parents when the abuse of the child occurred. Continue reading →

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What would happen if you would like to move with your child, and the move would affect the current child custody agreement? Of if the other parent wants to move out of state? It is important in either of these situations to speak to a qualified North Carolina custody attorney. At the Woodruff Family Law Group, we have successfully resolved many cases for parents who have sought to relocate with their children or parents who have opposed a move. We understand how emotionally charged relocation cases can be, which is why you can expect the utmost compassion from our entire team. Continue reading →

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Divorce can affect many relationships, and it is not unusual for grandparents to lose contact with their grandchildren in the process. Are you are a grandparent seeking custody or visitation of your grandchildren? If so, we may be able to help. At the Woodruff Family Law Group, our skilled North Carolina family law attorneys can meticulously analyze your facts and let you know your rights and options. Continue reading →

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by Carolyn J. Woodruff, JD, CPA, CVA, North Carolina Family Law Specialist
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Emergency Custody in North Carolina is a tough topic. Under North Carolina law, there are really two times that the court can consider switching custody on an ex parte (hearing from one side only).  Continue reading →

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By Dana Horlick, Attorney, Woodruff Family Law Group
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Most separated couples probably do not think about complex jurisdictional issues when they are deciding child custody issues. Maybe the schedule is one week on, one week off, with the parents alternating weeks wherein they have sole physical custody of the child for a particular week. Maybe one parent has to move cross-country for a job opportunity, so instead the schedule is split around school with the child living with one parent during the school year and the other on summer vacation. These seem to make sense, dividing the custody of the child in the way that allows both biological parents to take an active role in raising their child. When the Hague Convention on the Civil Aspects of International Child Abduction Treaty is involved with parents in different countries, the issues become very complex very fast. Continue reading →

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In court-ordered child custody mediation in North Carolina, agreement is the polar star.  Both parents are applauded for entering a parenting agreement.   The question is whether agreement is always in the best interests of the child.  Certainly, we all want parents to agree, but there are certain times when agreements should be entered into with caution.  Certainly, the majority of parenting cases end with the parents agreeing to terms.  Quite frankly, many of these parents would have agreed on custodial arrangements for the children, with or without mediation. Such agreements by parents are simply parents putting children first and naturally looking after their offspring.  The majority of parents can and do put the children first. Continue reading →