Child Custody

Part 1: Self-Help Legal Services: The Dangers of the Do-It-Yourself Separation Agreement

October 26, 2014

In a family law context, do-it-yourself separation agreements present an area that is laden with potential problems. A separation agreement, which may also be referred to by other names such as a Marital Settlement Agreement or Contract of Separation and Property Settlement Agreement, is a written contract between a husband and wife wherein they reach various agreements related to their marital separation. Some of the dangers of a do-it-yourself separation agreement are delineated below. Many…

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Emergency Child Custody Orders

August 25, 2014

Under current North Carolina law, a judge may issue an emergency custody order changing the living arrangements of a child or awarding one party temporary custody if there is sufficient reason to believe that the child is at risk of bodily injury or sexual abuse, or there is substantial risk that the child may be removed from the state of North Carolina to evade the jurisdiction of the North Carolina courts. Under North Carolina law,…

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Image of the back of a man in a suit with his right arm bent behind his back and his fingers crossed, depicting the act of a lie.

Truth or Consequences: The Impact of Lying in Your Domestic Case

August 11, 2014

There are many reasons why people lie – tell an intentional untruth – during domestic cases. When the stakes are high, such as when someone is faced with losing custody of their child or a spouse whom they still love, it is not surprising that they may embellish or outright lie to try to bolster their case, conceal evidence that may be damaging to their case, or make false allegations to try to hurt or…

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Do I Need a Legal Document Establishing Physical Custody of My Child?

July 14, 2014

A dispute between parents over child custody or visitation can arise at any time when the child is born outside marriage or there is a separation or divorce. Even if the parents have a verbal agreement or mutual understanding that one parent should have primary physical custody of the child, it is in the best interest of the child and the parents to have a written custody agreement or court order setting forth each parent’s…

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Modification of Child Custody

May 15, 2014

An action for modification of child custody is when one party files an appropriate action with the court seeking to have the living arrangements of the child (or children) changed from that established in an existing Order of the court or written agreement between the parties. Disputes over child custody are almost always emotionally charged and can lead to bitter and lengthy litigation. Under North Carolina law, child custody is always subject to modification by…

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