North Carolina Divorce Lawyers Blog

Articles Tagged with family lawyer

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Alaska’s Supreme Court recently decided an issue revolving around custody of a minor child born through artificial insemination to a same-sex couple. As same-sex marriages and reproductive technologies continue to be more commonplace, we are seeing an increase in cases that involve such parties. The law, as always, lags behind the times a few years, but it is imperative that the courts begin setting a precedent to allow such parties to adequately address the family law issues that have been so familiar in opposite-sex couples. Continue reading →

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World Mental Health Day helps raise mental health awareness and promotes proactive measures individuals can take to care for their mental health.  World Mental Health Day acknowledges the stigma around mental health and is working to alleviate it. Focusing on mental health and allowing individuals to have conversations about their mental health can make a huge difference. Continue reading →

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ZIMMERMAN V. ZIMMERMAN 2021-NCCOA-485

Previously, we have written about the use of stipulations in a case to maximize efficiency and what is required in an oral stipulation in the context of Equitable Distribution. (Our courts have held, for an oral stipulation on Equitable Distribution to be valid, that the parties must be read the terms of the stipulation and questioned as to whether they understand the legal effect of the agreement and then agree. McIntosh v. McIntosh, 328 S.E.2d 600, 74 N.C. App. 554 (N.C. App. 1985)). Continue reading →

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Blackwell v. Blackwell 2021-NCCOA-537

  1. Facts: Mother and Father began a child custody action. Mother subpoenaed numerous mental health documents from healthcare providers. These documents would have purportedly been used at trial to establish Father’s mental health and substance abuse. In 2016, the parties had consented to a custody schedule in a memorandum of judgment. Before the formal written order was entered, Mother filed to modify custody because her job had moved to Pennsylvania. The formal order was entered in December of 2016. Mother then took the child to Pennsylvania with her in 2017. Father filed for ex parte emergency custody, modification of custody, and contempt. Mother requested that the trial court examine the mental health records. At trial, the judge did not admit those records as evidence, stating that he was not concerned with events prior to the entry of the custody order. Eventually, Father’s motions were granted, and he was awarded with permanent custody. Mother appealed.

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There is a mess of a custody case in Massachusetts (MA) that arose from a very reckless surrogacy situation. Apparently, a same-sex couple posted to social media asking for help having a baby. A friend then offered to conceive with her boyfriend (read: the baby would be biologically unrelated to the couple seeking help) and then give the baby to the couple. You might guess what happened next. The friend gave birth and then decided she wanted to keep the baby. The courts in MA decided that these events amounted to an informal surrogacy. The case has been ongoing since 2018. MA has no surrogacy statutes despite judges and advocates calling for enactment of surrogacy laws. The 2021 opinion from the MA Court of Appeals in this case actually begins with a plea to the legislature for guidance on surrogacy arrangements (surrogacy contracts). Continue reading →

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Snowden v. Jaure, (Wyoming Supreme Court)

With Covid-19 raging for over a year now, many families have been affected and often negatively. Job loss is just one consequence of the pandemic. This has caused a loss in income for many individuals. In families going through a custody case, it means that child support calculations are going to be affected. Now one state has litigated one such Covid-19 case all the way to their state’s supreme court. Continue reading →

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October is Adopt a Shelter Dog Month. Dogs are our best friends. Some seem to be made entirely of boundless energy and unconditional love. Studies have shown that in the presence of our four-legged friends, stress lowers, our happiness-promoting hormones increase, our blood pressure lowers, and our self-esteem increases. During a particularly messy divorce and separation, a furry companion could be the perfect way to cope with the stress. Take note that pet ownership, even with all the mental benefits, is a serious commitment. Do get a dog, but only if you are serious about the responsibilities of ownership. Continue reading →

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In case you have not heard, deepfake videos are multiplying online. “Deepfake” is a term coined in late 2017 by a Reddit user of the same name.  With origins in pornography, the use of deepfakes has transcended well beyond the explicit. A deepfake generally refers to media manipulation where a person in an image or video is swapped with another person’s likeness. A more recent deepfake depicts Belgium’s prime minister linking the coronavirus pandemic to climate change during a manipulated recorded speech. Although some deepfakes are created for parody and entertainment, others are not. Creation of deepfakes has also led to bullying, harassment, and other criminal offenses. Continue reading →

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There have been phones and computers around for decades now, and in the child custody context they have been instrumental in providing access to children for noncustodial parents. But since Facetime has come around, we are beginning to see some court documents, specifically custody orders, reference Facetime when crafting custodial schedules. The common form of this Facetime provision is to order that the custodial parent—the parent with physical custody of the child at the time—make the children available for Facetime calls. They differ by the duration of the call, and some will specify specific windows of time in which the noncustodial parent may call. Most also add some sort of “reasonableness” to the equation, so that the Facetime provision is not abused by either party. Continue reading →

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By: Carolyn J. Woodruff, JD, CPA, CVA
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Patterson v. Chrysler Group Addendum

Shortly after the Sixth Circuit decided Patterson v. Chrylser Group, 845 F.3d 756 (2017), I first wrote about this case. Based on some recent comments, updating the blog with dates for clarification is necessary. The issue is when the statute of limitations starts on the qualification of a domestic relations order. It is proper to note that this dispute is between the Plan and the Alternate Payee or the Transferee Spouse.  The Plan Participant (ex-Husband)  is not a party and does not have standing. It is the Transferee Spouse’s vested benefit under consideration. Ex-Husband no longer has an interest. The Plan is the legal owner as Trustee of the retirement benefits. Continue reading →