North Carolina Divorce Lawyers Blog

Articles Tagged with visitation

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Fathers Day is a beautiful holiday when your children get to celebrate their dad. You work hard all year long to make sure they’re happy and healthy, and this is a day for them to show you how much they appreciate everything you do. However, if you’re divorced or going through a divorce, these holidays can be challenging. Just because your family looks different this year doesn’t mean you can’t make the most of this special day. Here is a list of the top Fathers Day ideas for divorced dads in the Triad area so you and your kids can have a blast celebrating your day. Continue reading →

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Spring break is an opportunity to spend quality time with your kids as they enjoy a break from the grind of school. Some families plan vacations or extravagant activities, but for those going through a custody dispute, finding fun things to do can be tricky. From monetary concerns to temporary travel restrictions, you may need to get a bit creative with the activities you plan this year. The good news is we’ve created this list of some great spring break ideas as you go through a custody dispute to make this holiday one of the best ones yet. Continue reading →

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For children of divorced parents, celebrating the holidays isn’t always easy.  Navigating custody arrangements and giving both parents an opportunity to bond with their children can be a tricky balancing act.  If you’re looking for ways to make this St. Patrick’s Day special for your children, here are a few activities in the Greensboro, NC area that can be done either together or separately. Continue reading →

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North Carolina’s domestic violence law has undergone changes in recent years, expanding the types of qualifying relationships and the list of people who can be charged. Previously, the law limited domestic violence charges in relationships to a man who assaulted his female partner. If a woman was found guilty of a similar act of violence, she would likely face simple assault charges, which often carried lesser penalties. The state’s updated legislation encompasses broader definitions of who can be charged with domestic violence. Continue reading →

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The courthouse where a divorce complaint is filed is called the venue. Determining which venue to file in is important because only the proper venue can rule on a case. North Carolina law states that the venue for legal action is the county in which either party to the case lives, but identifying which court is the correct venue to initiate your divorce action can be more complicated. Continue reading →

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North Carolina law states that custody of a child may be granted jointly to both parents or exclusively to one parent, but how is that decision made in custody cases? All North Carolina orders for custody must be based on what arrangement will promote the best interest and welfare of the child.

While custody cases in the past used to favor the mother based on the since-abolished tender years doctrine, current custody matters do not give automatic preference to one parent over another. Instead, courts must consider relevant factors like the child’s safety.

Aguilar v. Mayen

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Parents have a constitutionally protected right to take care of their children, which includes making decisions about whom their children will spend time with. It is difficult to overcome this parental presumption. Grandparents who wish to seek visitation with their grandchildren should be aware that there are strict rules in North Carolina about when they can file and on what factors a decision will be based.

Evans v. Myers

In a recent North Carolina Court of Appeals case, Evans v. Myers, Mother appealed after the trial court granted Paternal Grandparents legal and physical custody of her child while only awarding her limited visitation.

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Grandparents can only file for visitation during an ongoing custody dispute between the parents or if they can prove the parents are unfit. What happens if the parents’ custody case is resolved before the court has a chance to decide on grandparent visitation? This was the question at the center of a recent North Carolina Court of Appeals case.

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Custody and visitation orders in North Carolina are commonly amended when the terms no longer benefit the children and there has been a change in circumstances. Not every change will lead to a revised custody order, so understanding when a qualifying change has occurred can help you decide if it’s time to request an amendment to your order.

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Extended family members often play an important role in a child’s life. The bond that children share with people such as their grandparents contributes to their development, but it is generally a parent’s decision as to which relationships their children can have.

In North Carolina, parents have a right to determine who their children will spend time with and associate with. This means that non-parents, like grandparents, cannot file for visitation unless certain criteria are present.

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