North Carolina Divorce Lawyers Blog

Articles Tagged with custody

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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 →

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By: Dana M. Horlick, Attorney, Woodruff Family Law Group
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The time you spend with your children is precious and the upcoming Halloween weekend should be no exception. Here are a few fun ideas to make the most of this holiday. Activities for this spook-tacular holiday should be age appropriate. Also take into account the personalities of your children. A child easily scared may not enjoy the same activities as one who is a thrill seeker. Taking these factors into consideration should make it easy to determine the best activity for your child this Halloween. Continue reading →

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Porter v. Comm’r, T.C. Memo. 2015-141, 2015 WL 4638622 (2015)

(a) Facts: A husband and wife were divorced in Florida. The decree awarded the wife custody of the parties’ three children. It allowed the wife to claim the exemptions for the oldest and youngest children, but allowed the husband to claim the exemption for the middle child. The decree was signed only by the court. Continue reading →

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Henricks v. Comm’r, T.C. Memo. 2014-192, 2014 WL 4723148 (2014)

(a) Facts: A Florida divorce decree awarded custody of two children to the wife. It allowed the wife to claim one child as a dependent for tax purposes, and allowed the husband to claim the other child as a dependent for tax purposes. Both parties were ordered to fill out forms necessary to transfer the exemption. But the wife did not actually fill out and sign and forms, and the wife did not sign the court’s judgment.

The husband claimed the dependency exemption for the second child, as the decree clearly permitted. The IRS disallowed the dependency exemption and assessed a deficiency. Continue reading →

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Dear Carolyn,

My ex is posting all kinds of things about me on Facebook. She calls me names like bastard, devil, asshole, and you name it. She doesn’t even have privacy settings on her Facebook, so I fear that my (our) children who are ages 13 and 15 may somehow get access. She also said: “I hope to run my ex over with my car next time he comes for the children,” which I take as a threat. Can I stop this? I am filing a case for custody.

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Dear Carolyn,

I am a mother of girls ages six and ten. I am separated, and I have half custody. I work hard, and the girls sometimes create havoc. I spanked the six-year-old with a belt, just like my mother did me. My church belief is “spare the rod and spoil the child.” Child Protective Services showed up at my house to investigate. Should I be concerned?

~Scared

 

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Many prospective clients come to us with the question about “what does it really take to win my custody case in North Carolina?”  This raises the interesting question of what is a “win” in custody of a minor child.  “Winning” means different things to different parents.  For some parents, it is quality visitation.  For others, it is primary responsibility for the physical well-being of the child.  For some, it is fifty-fifty or bust!  The goal for all parents should be to keep the best interests of the child as the polar star—a guiding light.  Another valuable goal is to reduce the conflict surrounding the child in this time of change in the family.  A premise of this blog is that both parents are good people and good parents.  Future blogs will address unfit parents, grandparents and social services issues. Continue reading →