Mediation in Equitable Distribution Cases

The process that deals with dividing up marital assets and debts after two parties have separated is called equitable distribution. The North Carolina General Assembly passed a statute to establish a program that requires equitable distribution disputes to go to mediation before they are heard in the court room in an effort to save time (more…)

How Facebook and Social Media Can Affect your Child Custody Case

The majority of people today are, in some way, linked in to social media. This allows families to keep in contact with each other like never before. However, in some child custody situations social media can pose a huge problem. Most child custody cases today involve some aspect of social media, whether it is pictures, (more…)

Grandparent Custody and Visitation Rights

In general, a parent has a fundamental and constitutional right to raise and nurture their child.  We often get questions from grandparents who wish to obtain visitation or custody right of their grandchild or children and often do not fully understand what their rights are. Grandparents do have the right to claim custody and visitation (more…)

Completing A Financial Affidavit to Help Your Alimony and Spousal Support Case

A financial affidavit is a statement of your expenses on the date of your separation and sets out your financial expenses and needs on a monthly basis. The affidavit explains what you own, what you owe, what you earn, and what you spend. This form will be used by the court to determine your monthly (more…)

NC LGBT Custody and Adoption Laws

North Carolina is still a state that does not recognize same-sex marriage. However, the court of appeals of North Carolina has worked to protect everyone’s rights when it comes to children. The law governing adoption in North Carolina is purely statutory in nature and can be found in Chapter 48 of the North Carolina General (more…)

Treatment of Minors – Delegation of Parental consent

Generally, consent of the custodial parent is required for the treatment of minors in North Carolina. If a minor needs non-emergency medical, dental or surgical services, whether in a doctor’s office or in a hospital, his or her custodial parent must give permission to perform such services. In an emergency, the minor may be treated (more…)

Open Adoptions in North Carolina

An open adoption allows the adopting family and the biological parents to exchange identifying contact information. This exchange allows for the parties to remain in contact with one another after the adoption. State laws do not generally prohibit post-adoption communication between the adoptive parents and the birth parents as this is usually a mutual agreement (more…)

Gaining Custody From Biological Parents Who Don’t Want to Relinquish Their Parental Rights

When “fit” biological parents do not want to relinquish their parental rights, it may be almost impossible to force them to.  “Under our statute G.S. 48-7, except as provided in G.S. 48-5 and G.S. 48-6, before a child can be adopted, the written consent of the parents, or surviving parent, or guardian of the person (more…)

Child Support and Age of Majority

In North Carolina, the emancipation of a child occurs when the child turns 18, or, if child is in high school, when child turns 20 or graduates from high school, whichever is first.  Emancipation means a stage when the child becomes free from the parental control and the parents are not responsible for child’s actions. (more…)

Equitable Distribution

It is true that 90% of equitable distributions are settled. This usually is more of a function of practical ends rather than lack of “fight”. Assuming nothing is concealed, the differences between parties are generally on valuation. As many cases simply are not worth an appraisal of property (and certainly not competing appraisals of property), (more…)