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Partners named to 2018 Best Lawyers in America
We are pleased to announce that partners Howard L. Gum, David R. Hillier, and Patrick S. McCroskey have been included in the 2018 edition of Best Lawyers in America. Howard Gum has been included in the list since 1993 and was named Asheville’s Lawyer of the Year in Family Law in 2014. Patrick McCroskey has…
Read MoreWhich Parent Gets to Choose Where the Child Goes to School?
The beginning of a new school year is a time when many parents are faced with making a decision regarding where their child should be enrolled in school. Where a child attends school may impact the quality of the child’s education, as well as the child’s happiness and overall development. Parents often feel strongly about decisions that can have a long-term impact on their child.
Read MoreCan a Stepparent Be Required to Pay Child Support for a Current or Former Stepchild?
Under North Carolina law, the legal parents (either biological or adoptive) of a child are deemed to be primarily responsible for the child’s financial support. As such, a stepparent has no legal duty to pay child support for the benefit of a stepchild in the event the stepparent’s marriage to the child’s parent ends, either by death or divorce. However, a stepparent who has acted “in loco parentis”
Read MoreGrandparents’ Rights to Custody and Visitation in North Carolina
Under N.C. Gen. Stat. § 50-13.5(j), either parent of a child or an interested party (including a grandparent) may petition the court for a modification of child custody or visitation in any action in which custody previously has been determined. Under this statute, the grandparent must be able to show that a substantial change in circumstances affecting the welfare of the child has occurred since the entry of the prior custody order.
Read MoreHow Separate Property Can Become Marital Property
Transmutation is a term used in family law to describe property that has been transformed from a party’s separate property into marital property.In the context of equitable distribution, the term “separate property” refers to property that is owned by one spouse individually.
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