Child Custody
Can I Withhold Visitation If the Other Parent Doesn’t Pay Child Support?
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…
Read MorePart 1: Self-Help Legal Services: The Dangers of the Do-It-Yourself Separation Agreement
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…
Read MoreEmergency Child Custody Orders
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…
Read MoreTruth or Consequences: The Impact of Lying in Your Domestic Case
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…
Read MoreDo I Need a Legal Document Establishing Physical Custody of My Child?
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…
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