Joint Custody in North Carolina

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 [...]

By | 2017-07-20T11:56:05+00:00 July 20th, 2017|Child Custody, Family Law, Parenting After Divorce, Uncategorized|Comments Off on Joint Custody in North Carolina

Temporary Custody in North Carolina

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 [...]

By | 2017-04-27T09:28:11+00:00 April 27th, 2017|Child Custody, Family Law|Comments Off on Temporary Custody in North Carolina

Electronic Security in Divorce and Privacy Concerns

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, [...]

By | 2017-07-07T10:10:26+00:00 March 27th, 2017|Considering Separation, Divorce, Electronic Data, Family Law, Privacy, Social Media|Comments Off on Electronic Security in Divorce and Privacy Concerns

High Conflict Personalities in Family Law Cases

More and more, personalities of the parties is a major factor in dragging out court proceedings, reaching a reasonable settlement, and/or increasing attorney fee cost. High conflict personalities are often characterized by the following: Preoccupation with blaming others Inability to accept responsibility for one’s own actions Uncontrollable negative emotions Personal based attacks Triggering conflicts with [...]

By | 2017-03-02T13:40:55+00:00 March 2nd, 2017|Child Custody, Family Law|Comments Off on High Conflict Personalities in Family Law Cases

Social Media and Divorce

"Dance like no one is watching, email like it will one day be read in a deposition" I often use Facebook messages, posts, or photos in family court matters.  Often, these posts can prove contempt of court, an illicit affair, or assist my client in obtaining a favorable custody settlement.  It may feel good to post a [...]

By | 2017-07-07T09:50:08+00:00 February 7th, 2017|Child Custody, Divorce, Family Law|Comments Off on Social Media and Divorce

Absolute Divorce in North Carolina

An absolute divorce in North Carolina may be filed after one year of separation from your spouse. Contrary to popular belief and television, you do not need your spouse's consent to obtain the divorce. We simply serve the Complaint for Divorce and Summons on your spouse to start the process. An absolute divorce ends certain rights [...]

By | 2017-07-07T09:49:22+00:00 August 23rd, 2016|Family Law|Comments Off on Absolute Divorce in North Carolina