North Carolina Divorce Lawyers Blog

Articles Tagged with custody

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When a North Carolina court enters a child custody order, each parent is required to follow the terms of the order. Most parents understand that violating the basic custody and visitation requirements could get them into trouble.

For example, there may be serious consequences if one parent refuses to return the child at the end of their visitation. This is a rare situation, though, and it is often the provisions that are considered less important that parents ignore or forget about. Continue reading →

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The Florida House Civil Justice Subcommittee has approved legislation, known as HB 538 or “Cassie’s Law,” which mandates the establishment of safe exchange locations for child custody transitions. The bipartisan bill aims to enhance the safety of child custody exchanges following the tragic case of Cassie Carli, a mother who disappeared and was later found dead after a custody exchange in 2022.

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The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is used to determine which state should have jurisdiction in interstate custody cases. It is a uniform law, which means it was written with the intention and hope that each state would adopt it and create uniformity across the country. Continue reading →

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Child custody orders in North Carolina are binding, and both parents must abide by the terms to avoid facing legal consequences. Despite this, it is possible to modify an order if there has been a change in the circumstances of either party and if the modification is in the best interest of the child. How does a judge weigh these two considerations, and does one factor need to be proven before the other? Continue reading →

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Deciding to relocate with children is not always easy, as numerous factors must be considered. Divorced, separated, or unmarried parents with custody orders have additional considerations they must think about both before and after they move. Continue reading →

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When parents are divorced or no longer together, child support is a way for the non-custodial parent to contribute to the reasonable needs of the child. It may seem relatively straightforward, and in many cases it is. However, child support can become a complex issue because so many factors are used to determine the arrangements.

Factors in Child Support Determinations

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Divorce can be a challenging time, especially when children are involved. One of the most complex aspects of ending a marriage is determining custody and visitation rights. The case of Davidson v. Tuttle, 2022-NCCOA-622 offers a window into the intricate nature of these decisions and how they can change over time. Continue reading →

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Child custody and child support are two separate matters,[1] but that doesn’t mean that one cannot impact the other. Custody frequently impacts support since the amount of time the child spends with each parent is a factor in calculating child support obligations. However, many parents wonder if failure to pay child support means visitation can be withheld.

The parent that receives child support cannot legally deny the other parent visitation with the child if they fail to make the ordered support payments.[2] The payee spouse can file a Motion for Order to Show Cause, which allows them to ask the court to hold the other parent in contempt for violating the court order. Continue reading →

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Custody orders are not required for parents who are not together, but many choose to obtain a court order when they cannot agree on custody, visitation, and other issues related to raising their child. Without a court-issued custody order, the legal parents share equal rights.[1] Continue reading →

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Co-parenting can be a challenging journey, but when done successfully, it can provide stability and support for children growing up in a separated or divorced family. Effective co-parenting requires cooperation, communication, and a commitment to putting your child’s well-being first. Here are seven valuable tips to help you navigate the path of successful co-parenting. Continue reading →