It is always tragic when a child loses a parent, but what happens when the parent who passes away is the custodial parent? North Carolina courts must grant custody to someone else, and priority is given to biological parents in most cases.
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 →
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 →
Gray v. Holliday, COA20-425 (May 2021) (unpublished).
In Greensboro, grandparent visitation rights may be awarded if the Court deems it appropriate. This often happens by intervening in the custody battle being fought by the custodial parents. But what happens when one of the parents passes away before the custody issue is resolved? Or what happens in a case where there is no underlying custody litigation, and a grandparent wishes to begin one? Continue reading →
Fecteau v. Spierer, COA20-532 (2020).
Child custody orders are modifiable under North Carolina law. In order to modify, the party seeking a modification must show a substantial change in circumstances, from those found in previous order, that warrants modification. It may seem obvious that big changes in the custodial parent’s life meet that standard. But in the case below, we discuss how improvements in the noncustodial parent’s life can warrant a modification in his favor, which can grant him more time with his kids and more decision-making abilities. Continue reading →
We’ve all seen videos such as this one on the highly addictive TikTok app depicting parents dropping their kids off at Grandma and Grandpa’s house to achieve some much needed alone time. Ever since the Piedmont Triad began experiencing the monumental effects of COVID-19 in early March, both kids and parents alike are eager to experience a change of scenery from the all too familiar rooms of their own home. However, staying at home has become the new norm. It appears we will have ample time to become even more acquainted with our home offices as Guilford County Schools recently announced the 2020-2021 academic year will begin with remote learning through at least October 20, 2020. Continue reading →
In North Carolina, a parent can lose custody over their minor children to the children’s grandparents. One way this can happen is by Order of the Court in a child custody proceeding. Child custody is never permanent, and below we discuss a way for parents to regain custody by motion to the Court. Continue reading →
(a) Facts: A woman lived with a man in California. The couple was not married. The man had a child by a prior relationship, and the child had two minor children. The man was, therefore, the children’s biological grandfather.
I am a grandmother, and I want to help pay for the tuition for my grandchild’s day care and education at a nice day care facility. Then, my daughter and son-in-law can work without worry. They own their own business, and they both need to focus some quality time on the business, while maintaining my grandson as top priority. My toddler grandson will benefit from the education and interaction with the other children at this particular day care, but it is darn expensive. Should I give the money directly to my daughter or to the day care? Is there a tax advantage one way or another?
– Grandmother of the best grandchild ever…
Hello Carolyn,
I have a question regarding grandchildren who are in the custody of the grandparents.
Here is the scenario. My wife and I have legal custody of three grandchildren ages 13, 12, and 9. We were granted legal custody by the court about 18 months ago. Before that, we had been granted temporary custody of the children. We have been given permanent custody because the parents cannot/will not take proper care of the children. Continue reading →
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