I fled to North Carolina with my child; Can I get custody?

Obtaining custody of your children can be a very worrying process, especially if your spouse or former spouse also wants custody. It is an even more stressful process if you have just left another state with your child for protection from your significant other. There are a few important things to understand about custody when (more…)

When can a child testify in a custody trial?

In a child custody case, the judge makes a decision based upon what he or she finds to be in “the best interest” of the minor child.  In making that determination, the court will consider any relevant evidence, including positive and negative things about both parents.  Additionally, in some circumstances, the court will even allow (more…)

The Importance of Appointing a Guardian for Minor Children

Parenting is always worrying about your children, what they’re into now and what they’ll face in the future. Where will she get her education? When is he going to figure out a plan? Actually, where in the heck are they right now? Your life is a balancing act between all of the wonderful things that (more…)

ASSET PRECAUTIONS DURING SEPARATION: PENDING WRITTEN AGREEMENT OR COURT ORDER

If you are currently separated from your spouse and intending divorce, it is likely that you have been concerned with assets, divisions, and the ownership status of various forms of property you may own. While it is easy to get buried in the ever-lengthy equitable distribution affidavit often required of you in a contested divorce (more…)

What is the Best Way to Pay My Support Obligation?

Most family court cases end with one person paying some sort of support to the other, whether it be alimony, child support, or some other obligation that was determined to be equitable by the family court. Three ways these support obligations are predominantly paid are either (1) directly, (2) wage garnishment, or (3) through the (more…)

Family Law: Do you know Fact from Fiction?

If you are planning to get divorced, be prepared to receive unsolicited advice from everyone you know. Just remember that even loved ones with the best of intentions may not know what they are talking about, and unfortunately the latest data is from 2009 from the “Marital Events of America.” According to the report, which (more…)

Termination of Parental Rights

Under Chapter 7B of North Carolina General Statutes, allows a person to terminate the relationship between a biological parent(s) and a minor child. The petitioning party must show the parent will not provide the degree of care which promotes the healthy and orderly physical and emotional well-being of the minor child. Since parents have the (more…)

Adoption of Minor Child

Chapter 48 of North Carolina General Statutes governs the adoption process in North Carolina, which allows any person over the age of eighteen to adopt another person. The adoption process starts by petitioning the court with the name of the prospective adoptive parent. If the prospective parent adoptive parent is married, the spouse must be (more…)

Equitable Distribution in South Carolina

Family law is difficult. 90% of a family law attorney’s work is done outside of the courtroom. Part of that work is helping people get through a difficult time in their lives and get them on the right track for success and sustainability for the future. A major part of achieving that goal is the (more…)

Tax Consequences of Annulment

We often receive calls from married individuals inquiring about annulment of marriage. Marriages may be annulled after a set of specific criteria is met and the District Court of North Carolina enters a court order voiding the marriage. After the order of the court is entered it will be as though the marriage never existed. (more…)