All custody orders in North Carolina must determine custodial rights supported by the best interest of the child. That being said, custody is not defined in the North Carolina General Statutes. Through case law, we have established legal custodial rights and physical custodial rights. A party may, through pleadings or motions, request joint custody in [...]
Whether your are going through a separation or a child custody matter, it's important to know what questions to ask when consulting with a family law attorney. These questions will help you decide which lawyer is right for you and your family. What is your experience in the case? You want an attorney that primarily [...]
Separation in North Carolina begins the day the parties begin to live separate apart from each other and continues until the parties are divorced. There are several things that will help a client during the process as well as legal issues to keep in mind. Considering Separation: Check your finances: Run your credit report, document [...]
In North Carolina, temporary custody is the initial appearance before a court to resolve the visitation schedule pending mediation and a permanent hearing. Temporary hearings are often limited in time and involve evidence as to the stability of the parties. The Judge will want to know the following to determine the best interest of the [...]
Follow up on Electronic Security and Privacy in Divorce This is a follow up on electronic security and privacy in divorce. Today, I follow up on electronic security and privacy issues that are simple to address. Whether your concern is a hacker or a prying former spouse, these steps should help protect your privacy. First, [...]
Parenting after divorce is very difficult on your child. Its important to know that your children will need help adjusting to their new life. Here are some tips I have found that benefit my clients in parenting. Your feelings matter too. Your marriage may have been over for years, but you will also have emotions [...]
Gray Divorce: Increasing at an alarming rate. Lincoln County has seen an influx of residents over the age of 50. Whether its the influx of communities centered at retirees, the desire to be closer to grandchildren, or lower North Carolina taxes, many individuals are relocating to our great county. With that, gray divorce has been [...]
Electronic Security in Divorce and Privacy Concerns Electronic security in divorce and privacy are big issues in modern day divorce and custody suits. Spouses are using shared accounts and devices to access information that could be used at trial. More attorneys are sending electronic preservation letters to opposing parties to preserve your electronic accounts, text messages, emails, [...]
Basics in Equitable Distribution: Presumptions, Factors, and Interesting factors. Absent a separation agreement or settlement, North Carolina courts will decide what is a fair, reasonable, and equitable division of assets looks like. Typically, there is a presumption of an equal division of property between the properties. The courts may consider any factors that are outlined in [...]
Help your child develop critical coping skills during divorce The New York Times recently published an article on how parents can help their child develop coping skills during their divorce. The premise is not to excuse away negative emotions the child is experiencing, but rather work through their feelings. The article interviews child psychologists about [...]