N.C. Family Law Blog
child custody
The History of Child Custody
Today, many people are still under the presumption that when it comes to child custody, that the mother is usually preferred and thereby has the upper hand before the case even begins. This is simply NOT true. Thus, it is important to look at the historical changes involving child custody in order to gain an … Continue reading
Why Most People Hate Divorce Lawyers
Divorce lawyers are generally not well liked and sometimes for good reason. Here are the top five reasons why I think lawyers get a bad rap with the public. They think they are entitled to be late to appointments because their time is more important than everyone else’s time. They don’t call people back or … Continue reading
Requirements for Divorce in N.C.
You can get a divorce in N.C. if you have been separated from your spouse for at least one year and at least one of you has lived in N.C. for the last 6 months. Remember that getting a divorce does end all rights to have marital property divided and it also ends any claims … Continue reading
Do Women Still Have an Advantage in NC Child Custody Cases?
I get asked this question all the time by men trying to figure out whether or not the judge is going to give their wife preferred treatment in a child custody trial and my answer is sometimes but not for the reason you think. The judges in our area are not pro mom at least … Continue reading
Happy New Year!
Here Is Your Chance to Decide What I Write About in 2012! Please vote for what you would like to read about and I promise to include articles on that topic.
It’s Always “What is in the Best Interest of the Child”
In a recent N.C. Court of Appeals decision the Court reminded us again that the standard is always “What is in the best interest of the child.” In Wolgin v. Wolgin the mother of the little girl thought she could make unilateral decisions without her ex husband’s input on moving the child to a different school. She … Continue reading
Supreme Court to Decide if Child Conceived by Dead Father’s Sperm Can Collect Benefits
More than 100 applications have been filed for survivor benefits for children conceived posthumously and it is likely that more will be filed as it becomes less expensive to store sperm and conceive at a later date. In this case, a woman’s husband died of cancer. The woman then conceived a child via in vitro fertilization by … Continue reading
Think Your Dating Website Account is Safe From Discovery?
If you do, think again. A Connecticut judge has ordered lawyers representing a divorcing couple to exchange passwords to their clients’ Facebook and dating websites. Judge Kenneth Schluger ordered the password exchange in the divorce of Stephen and Courtney Gallion, according to the Forbes blog The Not-So Private Parts. So what is the moral of this story? Dating … Continue reading
Home From the War to Find A Child Was Born
A couple have an affair. The man leaves for Iraq. While he’s gone the woman has his child. For whatever reasons she doesn’t tell him. She gives the child to her parents to raise. Four years later the man returns from Iraq and learns he has a child. He immediately quit his job and moved … Continue reading
Beware Leaving Your Children With Family
In Hinton-Lynch v. Frierson, the N.C. Court of Appeals in a matter of first impression held that a mother who had left her child with her parents for four months could not prevail on her claim for kidnapping or interference with custody. The mother who had legal custody of the child pursuant to a Georgia court order, left your child … Continue reading
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