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
Are you and your spouse thinking about getting a divorce? Does it seem like you agree on most everything? Are you considering signing a separation agreement that either your spouse’s attorney prepared or a “do it yourself” agreement you got off the internet? Stop! Don’t sign it before you talk with an attorney. Most attorneys, … Continue reading
You have hired an attorney, maybe you have been to mediation, and now you are going to your first divorce hearing. It might be a hearing for temporary custody or temporary alimony or it could be that you have skipped the temporary hearings and you are going straight to trial on custody or support. Either way, I’m … Continue reading
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.
In Pulliam v. Smith, 348 N.C. 616, 501 S.E.2d 898 (1998), the North Carolina Supreme Court held that the homosexual parent is entitled to the same consideration as the heterosexual parent in decisions on custody and visitation. A parent’s homosexuality by itself should not be an issue unless it can be demonstrated that the child will … Continue reading
Crenshaw v. Williams, filed N.C. Court of Appeals, April 19, 2011 (No. 10-720). Mother appealed from a trial court order modifying the parties’ Michigan child custody and child support order registered in North Carolina. On review, the Court of Appeals held that the North Carolina court lacked subject matter jurisdiction under UIFSA to modify the … Continue reading
Metz v. Metz, filed N.C. Court of Appeals, June 7, 2011 (No. 10-1382). Father was convicted of sexual battery of a minor (one of his own children), and as a consequence, both his licenses as a certified registered nurse anesthetist and registered nurse were suspended, he was placed on the sex offender registry, and he … Continue reading
In Baumann-Chacon v. Baumann, 710 S.E.2d 431 (N.C. Ct. App. 2011), the wife who was not separated from her husband and had not yet filed a complaint for divorce filed an action for temporary custody, alimony, and child support. The District court dismissed the case because of a lack of jurisdiction. The wife appealed, on a … Continue reading
Welcome to the new Gastonia Family Law blog, a custom blog to keep you updated on family law issues brought to you by the McIlveen Family Law Firm. We are a family law firm in Gastonia, N.C. We handle everything related to family law including adoption, alimony, child support, custody, divorce, mediation, property, and separation … Continue reading