Child Custody

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What Are Factors That a Judge May Consider in Determining Child Custody?

August 5, 2016

In North Carolina, the legal standard that judges are required to apply in child custody cases is “the best interests of the child.” Thus, when parents cannot reach an agreement on child custody, a judge must make a decision that would best promote the interest and welfare of the child. Determining what constitutes “the best interests of the child” can be very subjective. However, there are a number of considerations that can be raised in…

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Costly Divorce Mistakes: What You Don’t Know Can Hurt You.

June 14, 2016

In an effort to save money during divorce, many couples turn to self-help legal forms and generic advice found on the Internet rather than hiring a family law attorney. When parties attempt to represent themselves in the divorce process and forgo the benefit of legal counsel, they place themselves at risk of adverse legal and financial consequences that could end up costing them more than if they had hired an attorney. Before you elect to…

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Under What Circumstances Can My Spouse Be Required to Pay My Attorney’s Fees?

March 9, 2016

North Carolina law allows a judge to order one party to pay the other party’s reasonable attorney’s fees in certain family related legal matters, including child custody, child support, post-separation support, and alimony. What this means is that, in some circumstances, a judge may order the other party to pay your attorney’s fees, or require you to pay the other party’s attorney’s fees. In awarding attorney’s fees in actions for child custody and/or child support,…

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Relocation and Child Custody: Can I Relocate With My Child to Another City or State?

December 18, 2015

When a parent who has (or is seeking) custody of a child decides to relocate to another city or state, disputes regarding child custody or visitation may arise, especially if the other parent objects to the relocation. In circumstances where there is a written custody agreement or North Carolina Court order that establishes legal and physical custody of a child, it may be necessary for the parent who desires to relocate to initiate legal proceedings…

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Can I Withhold Visitation If the Other Parent Doesn’t Pay Child Support?

February 20, 2015

The unequivocal answer is “no.” Under North Carolina law, child support and visitation are separate matters and a parent’s failure to pay child support is not a legal justification to deny or suspend visitation. Likewise, a parent who is being denied visitation with their child is not entitled to discontinue paying child support. If you are the parent receiving child support, it may be tempting to want to punish the non-supporting parent by withholding their…

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