Articles Tagged with family lawyer

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IN THE MATTER OF: E.Q.B., M.Q.B., S.R.R.B., 2023-NCCOA-______ (2023) 


Sometimes a parent will commit an act of domestic violence against the other parent or involving the child. In these cases, a domestic violence protective order (DVPO) can be entered to cut off contact between the offender and the parent/child. Subsequently, if the offender then faces a petition to terminate his/her parental rights, then that DVPO cannot be used as a shield to prevent the termination, so long as the grounds are factually established.
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Aside from equitable distribution, divorce cases often involve three common financially-centered elements – alimony, child support, and attorney fees. The Wadsworth case argues all three of these issues and is an excellent example of how complicated these matters can be.  Continue reading →

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Few family law matters are as contentious as child custody or as distressing as child abuse. Custody battles between biological parents can become intense as parties sometimes passionately disagree about what’s best for their child. These disputes increase in complexity when third parties seek custody due to parental neglect or abuse.   Continue reading →

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All parents of minor children are responsible for financially supporting their children. Parents whose rights have been terminated and parents who are under 18 years old are exceptions to this rule in North Carolina.1 While support may be required by one parent in most custody arrangements, the law does acknowledge that adjustments may be necessary as circumstances change.   Continue reading →

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Approximately two months ago, Kevin Costner’s soon-to-be-ex-wife, Christine Baumgartner, filed for divorce. It appears the fight between the two is just getting started. Costner has received numerous accolades throughout his acting and producing career and is most recently known for his role as John Dutton on Yellowstone. Baumgartner is a handbag designer. The couple have three children together aged 12, 14, and 15. Continue reading →

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Stable and supportive environments are crucial to a child’s health and well-being. Having healthy relationships with their primary caregivers is also vital, as these relationships impact every part of their development.1 Grandparents often have established relationships with their grandchildren and volunteer to help with the many demands of raising a child. However, what happens when a parent cannot provide a child with an appropriate environment or relationship to develop and thrive? Third parties, like grandparents, may be able to step in to take over the biological parents’ role in supporting these children.   Continue reading →

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North Carolina does not require that unmarried or divorcing parents get a custody order.[1] When a mother or father has the designation of a legal parent, they both have the same rights when there is no order in place. Legal parent classification can be obtained in a number of ways, including by any of the following:

  • The child’s birth certificate
  • Child support order
  • Adoption order
  • Affidavit of Parentage

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In North Carolina, parties to a case may be able to file an appeal if they believe the trial court made a mistake of law or legal procedure.[1] Appeals courts analyze decisions by the trial courts to determine if the law was applied appropriately and to ensure there were no conduct errors. There are a few potential rulings that the appeals court can make. Continue reading →

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As technology advances, so do the challenges surrounding digital privacy and security. In family law cases, the use of smartphones has become central to gathering evidence and establishing facts. However, the emergence of spyware, trackers, and new devices like AirTags has raised concerns about the potential invasion of privacy. This article aims to shed light on the most common spyware, trackers, and AirTags found on smartphones, emphasizing their implications in family law cases. Continue reading →

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In today’s digital age, smartphones have become an integral part of our lives. They store a wealth of information that can be vital in legal proceedings such as family law cases. By harnessing the power of forensic analysis, hidden data on smartphones can be uncovered, shedding light on crucial evidence that can significantly impact the outcome of a case.

Smartphones have evolved into mobile, personal vaults, harboring an array of information like call logs, text messages, emails, social media activity, browsing history, and even location data. When it comes to family law cases, this digital footprint can be an invaluable asset, revealing critical evidence related to child custody, communication patterns, financial transactions, or illicit behavior. Continue reading →