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…

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…

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…

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…

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…

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…

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…

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…

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…

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…

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.…

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…

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…

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 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…

The terms “custody” and “visitation” or sometimes used interchangeably, but they actually have different meanings. Custody is a broader term and can refer to either legal or physical custody, while visitation refers to time actually spent with the child. Legal…

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…

Emergency custody orders are only given in North Carolina when a child is in danger of immediate harm. These decisions take away one parent’s rights to child custody without giving that parent notice or the opportunity to participate in the…

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…

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…

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…

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…

If you are faced with a situation where the other parent to your children is not following a custody order that has been entered by the Court, there is a way to bring the action back to court to help…

Generally, there is no law against dating during a separation or child custody battle. But if your spouse or former spouse discovers that you are dating, they may become more difficult to negotiate with. This could turn a cooperative relationship…