Law Blog

The state of North Carolina has recognized the constitutional right of parents to care and rear their children in the way they see fit. Parental rights are an essential Constitutional right the Court has deemed fundamental in our society. While…

Who wins when Parents’ and Grandparents’ Rights Conflict?

Grandparents Rights

The right to retain control over children is a fundamental right. This means that typically there has to be a severe infraction by the parent(s), including but not limited to: abuse, neglect, or willful abandonment, for the parent(s) to lose…

When Can a Child Testify in a Custody Trial?

If you’re worried about whether or not you’re likely to gain custody of your child, you may want to find more information relevant to your ability to get the results you want. One aspect which you may consider to be…

Statutory Termination of Alimony

When a couple separates, it is common for one or both parties to move on as if they were no longer married. You may even find yourself quickly engaged in a long-term relationship. However, if alimony has been awarded to…

What Steps to Take to Get Full Custody?

There are three types of child custody in South Carolina: Sole, Joint, and Divided. The courts tend to favor one over the others. This blog will explain the types and what you should expect when seeking custody in South Carolina.…

How To Protect Your Business From Child Support

Every entrepreneur understands risk. There’s no guarantee that people are going to like the product as much as a startup owner thinks (and hopes) they will. And it’s possible that the market isn’t as large as originally predicted. But business…

Termination of Parental Rights in North Carolina

Parents have both legal rights and responsibilities in North Carolina. When parental rights are terminated, a person can lose the rights given to parents concerning their child. This is a serious matter, and will only be granted in situations defined…

Emergency Custody Order in North Carolina

Following a separation, parents have certain rights concerning how and when they can spend time with their children. Though these terms are negotiated and established legally, it is understandable that the non-custodial parent will be concerned about their child’s safety…

What’s the Difference Between Custody and Visitation?

Family law becomes exceedingly more complex when a child must be considered in the proceeding. The terms “custody” and “visitation” are sometimes used interchangeably, but they actually have different meanings. Parents seeking to separate from their partners must understand the…

Which Parent is Responsible for a Child’s Medical Expenses After a Divorce?

Going through a divorce and discussing details like child custody and expenses might be a stressful and time-consuming experience. In the process of figuring out vital aspects of a divorce, like a child’s custody, there are various financial situations you…

Modification of Child Custody

A child custody order can be modified if the parent requesting it can prove a substantial and material change in circumstances. The parent moving to modify the existing custody order must first meet the test of substantial change in circumstances…

Domestic Violence Protective Orders

Domestic violence is not something any individual plans to face. It can be extremely frightening and victims of domestic violence often feel trapped in an unsafe situation. There are legal steps; however, that victims of domestic violence can take to…

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How Rental Properties are Handled in a Divorce

Married couples often utilize their marital funds for investing in future sources of income. One of the most common ways this is done is through purchasing rental properties. However, if that couple gets divorced, the division of the rental properties…

What Does My Separation Agreement Need to Cover?

In North Carolina, couples must live apart for at least one year prior to receiving a divorce judgement. There is not a formal legal process for separation. At least one party must move out of the marital residence. At least…

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Legal Compensation in the Event of an Affair

Going through a divorce is difficult, but it can be especially harsh when the driving factor behind the divorce is an affair. However, North Carolina law does allow you to sue the paramour, meaning the person who interfered in your…

Nonbiological Parent Visitation and Custody of a Child

Sometimes a person enters a parental role with a child they have no biological connection to. In those instances, it is important to know what the rights of that person are. The North Carolina Supreme Court states that a nonbiological…

What Can a Prenuptial Agreement Do?

A prenuptial agreement, frequently referred to as a “prenup,” is a contract entered into prior to marriage. These agreements are entered into by engaged couples and they address the splitting of assets in the event of divorce. Many couples are…

Adoption in North Carolina

Adopting a child can be a long process, but the reward is certainly worth the wait. The post provides an overview of the steps involved in adopting a child in North Carolina Being Prepared There are several different types of…

Who Qualifies for an Annulment in North Carolina?

Like a divorce, an annulment legally terminates a marriage. Unlike a divorce; however, an annulment declares that the marriage never existed. There is a common misperception that annulments are simpler and quicker than divorces. Unfortunately, this is not the case.…

What is Joint Legal Custody?

There are many different types of custody. Each of which has different requirements, restrictions and benefits. One that appears frequently is Joint Legal Custody. Joint legal custody generally refers to the right and responsibility to make decisions with important and…

Husband and wife are reading divorce agreement

Resolving Family Law Conflicts through Collaborative Law

As of July 1, 2020, North Carolina has adopted a new means of resolving family law conflicts intended to reduce court costs and minimize the emotional toll on the families involved. This adopted conflict resolution method, called collaborative law, allows…

South Carolina Custody Laws for Unmarried Parents

When married parents separate and divorce, both have equal rights to obtain custody of their children until a judge decides on issues of visitation, custody, and support. However, different laws apply to unwed parents. If the parents have never been…

Separation Agreement

In North Carolina a couple who wishes to divorce must be separated for at least one year prior to filing for divorce. This can create problems especially regarding finances and child custody between the time a married couple decides to…

How to Void a Prenuptial Agreement

A prenuptial agreement, also known as a premarital agreement or a prenup is a contract a couple enters before marriage. The contract addresses the rights and obligations of each spouse after marriage. These agreements are governed by the Uniform Premarital…

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What is Divorce from Bed and Board?

Divorce from bed and board is different from an absolute divorce. An absolute divorce completely dissolves the marital relationship. In North Carolina, couples must be separated for at least one year before they are eligible for an absolute divorce. Absolute…

How Can my Alimony Payments be Terminated?

Divorce Family Law

When a couple separates, it is common for one or both of the parties to move on as if they were no longer married. You may find yourself quickly engage in a long term relationship. However, if alimony has been…

Adoption Process in North Carolina

Adoption is a great option for many couples or individuals looking to grow their families. Adoption can seem like a daunting process but it can be greatly simplified with the help of an attorney. The first thing many people who…

What is Marital Misconduct and How Does it Affect My Divorce?

It has been reported by the Center For Disease Control and Prevention (CDC) that over 740,000 married couples file for divorce each year in the United States. The decision to file for divorce from one’s spouse is a difficult choice…

Collaborative Divorce

Divorce Family Law

Brian King is a participating party in the WNC Collaborative Law Group Article written by David J Irvine, Jr. It probably sounds to many people like divorce is far from collaborative. After all, a couple who once promised to be…

Adoption in South Carolina

Family Law Grandparents Rights

Adopting a child can be a daunting process. Retaining an attorney is a necessary to navigate the intricate laws that surround the adoption process. Here at King Law we have a great deal of experience in family law. Adoptions are…

Understanding Grandparent’s Rights in South Carolina

Have you ever wondered who would have custody of your grandchildren if anything ever happened to your child or if your child was unable to care for your grandchildren? Have you ever contemplated what your relationship with your grandchildren would…

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Child Custody With No Order

Each parent has equal rights with respect to their child and can spend as much time with their child as they wish. This may not be a problem when both parents are living together with the child as a family…

Divorce From Bed and Board

Contrary to the name, divorce from bed and board is not actually a divorce, rather, it is North Carolina’s form of legal separation. Divorce from bed and board typically occurs when the married parties are living together and neither party…

Alienation of Affection and Criminal Conversation

North Carolina is one of the few states that still recognizes the claims of alienation of affection and criminal conversation. Alienation of affection and criminal conversation are claims against someone who engages in a relationship with a married person that…

The Impact of Marital Misconduct in North Carolina

Marital misconduct is defined under North Carolina General Statute as any of the following acts that occur during a marriage and prior to the date of separation: Illicit sexual behavior between one spouse and someone other than the other spouse;…

The North Carolina Annulment: A Rare Happening

Annulments in North Carolina are only available for defective marriages that are legally void or voidable. Examples of void marriages are bigamous marriages. Voidable marriages are valid until they are challenged in a proper court proceeding. Some examples of voidable…

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Terminating Parental Rights in North Carolina

Every parent retains constitutional legal rights and responsibilities for their child in North Carolina unless this relationship is terminated. Termination of parental rights means that a person’s rights as a parent are taken away by the Courts. This terminates the…

Separation Agreements and What You Need to Know

In North Carolina, a party is legally separated when one married person moves into a separate residence with the intent to never resume the marital relationship. Residing in separate bedrooms under the same roof is not a legal separation. Once…

How Facebook and Social Media Can Negatively Impact Divorce

During separation and divorce emotion is often at an all-time high. People do and say things that can have a lasting impact. Facebook and other social media platforms are often a place where people have become accustomed to display their…

Co-Parenting 101

Co-Parenting 101 is a guide on how two parents can navigate raising children together when the parents themselves are not a couple. Be the better person. Assume everything you say will be read in court before your parents, pastor, and…

Grandparent’s Rights in North Carolina after Graham v. Jones

Over 2.5 million grandparents in the United States are responsible for the grandchildren living with them. Our firm’s North Carolina and South Carolina attorneys are asked daily about “grandparents rights” and what that means. North Carolina recognizes this special position…

Stimulus Checks and Child Support

I owe child support; can my stimulus check be seized? I’m behind on my child support payments, can I still get a stimulus check? With people receiving stimulus checks, questions are arising regarding how child support obligations may impact their…

Termination of Parental Rights in South Carolina

If you are a parent, you know that the responsibilities that come with parenting are limitless. You are responsible for taking care of them physically, emotionally, and financially, among other things. But circumstances arise that may deem it necessary to…

Using Collaborative Law to Facilitate Resolutions In Family Law Cases

Collaborative law is a method of dispute resolution that removes the disputed matter from the threat of litigation. Collaborative law, also known as Collaborative Practice, is a refreshing approach to resolving legal issues without having to go through the traditional…

How Does COVID-19 Affect My Custody Visitation?

Our country is facing a crisis that we have not expected to go through, and our lives have had to change drastically. Your job may have closed, or there are modifications to your daily schedule. Schools are currently involved in…

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Coronavirus Lockdowns and Domestic Violence

For a domestic violence victim, the most dangerous place to be maybe their own home. While lockdowns and quarantines have been essential tools in slowing the spread of the Coronavirus, early statistics are showing an increase in domestic violence incidents.…

Receiving a Domestic Violence Protective Order

A Domestic Violence Protective Order, also called a DVPO or 50B Order, can be filed by anyone in which you have an intimate relationship, including spouses, those you are involved in a dating relationship with, a person you share a…

Domestic Violence and Your Rights

If you have found yourself in a difficult situation with a significant other, and there is violence involved, you need to know your rights and the steps to take to protect yourself. One of the hardest things that a person…

How To Co-Parent With A No Contact Order

Separation and divorce can be extremely difficult for all parties involved. The emotions, changes to your physical environment, and especially the expenses can be hard to cope with. And while many cases of divorce are simple and free of high…

How Do Judges Determine Which Kind Of Child Custody is Most Appropriate?

I want sole custody! But I’m not sure if I will get it. This blog will tell you how judges determine which kind of child custody is most appropriate in South Carolina. Factors Considered by the Court The best interest…

Things You Need to Know About Child Custody Modification in North Carolina

When it comes to modifying your child custody order, there are a few things you will want to know. This includes what you will need to show the judge to receive the modification. One thing you should know from the…

What You Should Know About Spousal Spying

Spousal spying can take many forms. It may involve glancing over your spouse’s shoulder while they are sending a text message or putting hidden cameras in your home. Whether you are spying or being spied on, there are several things…

How Much of Your Spouse’s Retirement Plan Can You Get in a Divorce?

A retirement account may be one of the most valuable assets to be divided in a divorce case. The amount of your spouse’s retirement account you’ll receive will depend on the characterization of the property as marital or separate property,…

How is a Business Divided in a Divorce?

Equitable distribution is part of the divorce process in North and South Carolina. Dividing a business can be one of the more challenging aspects of dividing up your finances for several reasons. Is the Business Marital Property? A spouse may…

Adoption Process in South Carolina

Adopting a child can be a long process, but the reward is certainly worth the wait. This post provides an overview of the steps involved in adopting a child in South Carolina. Research Your Options Before you begin, you should…

Child Support or Alimony Modifications Due to Job Loss

You may be able to seek a modification of your alimony and child support obligations if you lose your job. You can attempt to modify your agreement voluntarily or file a motion in court. Child Support Modifications Child support in…

Three Things to Do Before Separating in North Carolina

You may feel ready to begin your separation period, but there are many legal and financial issues to consider first. Before you officially become separated, there are a few things you should do to prepare for a divorce. Contact a…

Can a Marriage Resume After Separation?

You can resume your marriage at any time during the one-year separation period required by North Carolina law. As long as your divorce hasn’t been finalized, you are still legally married and can resume your marriage. However, you should understand…

Grandparent Custody and Visitation Rights

Grandparents 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 rights of their grandchild or children and often do not fully…

Grounds for Alimony Termination

Indefinite alimony still exists but is less common than it used to be. Many alimony awards are now given for a specific period of time. Regardless of whether the alimony is indefinite or for a fixed term, the obligation or…

How North Carolina Deals with Loans in Divorce

In Bodie v. Bodie, 727 S.E.2d 11 (N.C. App., 2012), the Equitable Distribution case for loans is discussed in detail. While most Equitable Distribution affidavits simply subtract the loan from the cars value, this case explains a more clearly defined…

Can You Nullify a Prenuptial Agreement?

Prenuptial agreements may be nullified or declared void in some situations. Specific clauses could also be voided if they are unconscionable or forbidden by law. For example, a prenup can’t decide on issues of child support or child custody. No…

Marital Misconduct in North Carolina

There is a common misconception among separated individuals when it comes to marital infidelity. Many people believe that if they can prove the other spouse had an affair, they can take all the property, get custody of the children, get…

Grandparents and Child Custody

Grandparents Rights

Grandparents have some rights to custody and visitation of their grandchildren in North Carolina. However, these rights are fairly limited. There are only a few specific situations where a grandparent can bring a claim for custody or visitation. Even if…

Doing Your Own Separation Agreement in North Carolina

Separation is truly one of the most difficult times for anyone to go through. It impacts so many aspects of a person’s life. Separation does not always mean courts and judges—in fact North Carolina makes it very easy to make…

Is Your Spouse Making a Full Financial Disclosure?

Equitable distribution of marital property is required by North Carolina during a divorce action. To facilitate this process, both spouses are required to make full financial disclosure of all assets and liabilities as of the date of separation. This includes…

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…

Dividing Retirement Assets in Divorce

Retirement accounts can sometimes be the most valuable assets a person owns. If you’ve been fully funding your 401(k) or IRA for years, it could form a big portion of your net worth, making it a key asset in your…

Equitable Distribution / Property Distribution

During a marriage, husbands and wives generally acquire property, whether it’s a home, cars, bank accounts, a business, IRA’s or stock options. North Carolina law provides for the division and distribution of this property. Once a couple has separated, either…

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…

Locating Hidden Assets

This blog post is part of a Continuing Legal Education (CLE) Presentation by Brian King. Divorce is never easy and most often stimulates a world of emotions such as fear, resentment, or anger. Some spouses attempt to cope with these emotions by hiding…

What to Expect if DSS Petition is Filed Against You (A Parent)

Getting notice that DSS is taking your children because there are allegations of abuse, neglect or dependency can be very scary as a parent, and so can the confusing and long process of getting your children back from the department.…

My Ex Called DSS on Me, What do I do?

There are many times when a former significant other calls the Department of Social Services on the other parent. While the person making the report is anonymous, it can be evident of who made the report. Unfortunately, a majority of…

Responsible Individual as Identified by DSS

If you or anyone in your family has been placed on the responsible individual list by the Department of Social Services, it is very important to understand exactly what that means. It can be a very serious accusation and one…

How is Child Support Calculated in North and South Carolina?

Both North and South Carolina have general child support guidelines that are used to calculate how much child support a non-custodial parent must pay. These guidelines are generally followed unless there are special circumstances that warrant a deviation from the…

Child Support and Age of Majority

In North Carolina, the emancipation of a child occurs when the child turns 18, or if the child is in high school, when the child turns 20 or graduates from high school, whichever is first. Emancipation means a stage when…

When to Use Wage Garnishment to Enforce a Child Support Order

Non-custodial parents are often required to pay child support in North Carolina. When these payments aren’t made, the custodial parent has the option of getting a court order for a wage garnishment from the custodial parent to enforce the child…

How Imputed Income Affects Child Support Payments in North Carolina

North Carolina has legal guidelines used to calculate a parent’s child support payments. These guidelines create a rebuttable presumption of the amount of a child support a parent must pay. A court will only deviate from these guidelines upon a…

What is Parental Kidnapping?

Parental kidnapping happens when one parent takes their child without the consent of the other parent. There are two main ways this happens: One parent violates a custody agreement and takes off with the child There is no custody agreement…

Custody of Special Needs Children

Custody cases involving special needs children can present unique issues. The special needs child may require special care that could impact how the parents conduct child custody and child support negotiations. Both physical custody and legal custody can be more…

NC Case Law: Child Custody and Visitation Rights

One of the most difficult kinds of case for a family law practitioner is the custody case. Perhaps this is due in part to the lack of law to guide the attorney through the process. Intentionally, the appellate courts have…

Procedure in South Carolina Family Court

South Carolina Family Court is not like court you see on television. In fact, in some key aspects, it’s not even like other real courts in South Carolina. Of course, any court in South Carolina will have a judge present…

Child Abandonment in South Carolina

Parents have rights and responsibilities regarding their children in South Carolina. They must provide financial support, but they also have the right to seek visitation or custody. However, if a parent abandons their child, they have failed to meet their…

NC Case Law: Child Custody and Visitation Rights

One of the most difficult kinds of case for a family law practitioner is the custody case. Perhaps this is due in part to the lack of law to guide the attorney through the process. Intentionally, the appellate courts have…

What To Do If Someone Isn’t Following a Custody Order

What Do I Do if Someone is Not Following My Custody Order? Violating a court order is a serious matter, especially in matters of custody. If you believe that your custody or visitation rights have been violated, an experienced family…

How to Handle Dating During a Child Custody Battle