According to Demographic Research, parents in the United States are now more likely than ever to achieve shared physical custody of their children after divorce
Child Custody
Legal Rights In Stepparent Adoptions
Stepparents often develop a deep and meaningful connection with their spouses’ children, actively participating in daily parenting tasks and contributing to important decisions regarding the children’s well-being.
Calculating Child Support Payments
When you get divorced, dividing your assets may be the easiest part of the process. Determining custody, visitation
How to Handle Dating During a Child Custody Battle
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…
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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.…
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What is Parental Kidnapping?
Parental kidnapping occurs when one parent takes their child without the consent of the other parent, violating legal custody agreements or disrupting the other parent’s custodial rights. This act is illegal and can have severe legal consequences for the offending…
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What To Do If Someone Isn’t Following a Custody Order
Navigating the complexities of custody agreements can be one of the most challenging aspects of a separation or divorce, especially when one party is not adhering to the established custody order. This situation can lead to frustration, confusion, and, most…
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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…
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Strategies For Retaining Custody Of Children During Divorce
Divorce is a stressful and daunting experience that becomes increasingly complex when the couple has children.
Safeguarding Children in Crisis: Navigating Emergency Custody
When a child’s safety is at risk, North Carolina prioritizes swift and decisive action through its emergency custody provisions. In this blog post, we delve into the specifics of emergency custody within the state, exploring its purpose and the critical…
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Co-Parenting and the Ability to Move Out-of-State
The American legal system is built on principles like equality and freedom. Freedom to work, freedom of religion, freedom of expression, and crucially for this topic, freedom to parent and raise one’s child as one feels fit. The freedoms of…
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Post Adoption Name Changes: Why and How To
The completion of a legal adoption is oftentimes a cause for celebration and the marker of a new family dynamic. Adoption can come in many forms and ages. There are stepparent adoptions, kindred adoptions (where family members of the biological parent adopt a related…
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Navigating Child Relocation and Custody Orders
Are you trying to move states while under a child custody order? Life changes, and families aren’t always going to stay in the same place as they were when they initially went to court. It can be overwhelming to determine…
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Child Abandonment in South Carolina
Parents have rights and responsibilities regarding their children in South Carolina. They must provide financial or child support, but they also have the right to seek visitation or custody. However, if a parent abandons their child, they have failed to…
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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…
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Behind Bars: Navigating Parental Rights and Custody in NC
Parents have the legal right to custody of their children. However, this right is not absolute and may be disrupted by a parent acting inconsistent with their parental rights or the exercise of the right would not be in the…
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Promoting Respectful Co-Parenting with Non-Disparagement Clauses
What is a Non-Disparagement Clause? A non-disparagement clause in a custody agreement is a provision that prohibits both parents from making negative or derogatory statements about each other about their parenting abilities, character, or behavior. It is designed to promote…
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Can a Putative Father Petition for In-Utero Paternity Test in NC?
In situations where a soon-to-be mother is married at some point between the conception of the child and the birth of the child, the mother’s husband has paternal rights to the child. However, when another man (the putative father) has…
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Paternity Rights Regarding the Birth Certificate.
North Carolina General Statute § 130A-101 establishes the rules regarding birth registration of a child in North Carolina. Sections (a)-(d) explain the requirements for registering the birth certificate with the local registrar when the child is born in different places.…
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How Does Interstate Custody Work in NC?
Interstate custody matters in North Carolina are governed by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA is a law adopted by most states in the United States, including North Carolina, to provide a framework for resolving…
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What Is a Guardian Ad Litem & What Do They Do?
What is a Guardian Ad Litem? A “guardian ad litem” is a trained volunteer (sometimes an attorney) who advocates on behalf of the child or children involved in a case that includes allegations of child abuse or neglect, or that…
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Terminating Parental Rights Before a Step-Parent Adoption
While there are many types of adoptions available in the US, the most common one is what is known as a “step-parent adoption.” A step-parent adoption is where the spouse of a parent with primary custody adopts their non-biological child…
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Co-Parenting in the Age of Social Media Defamation: Protecting Your Family’s Reputation
In today’s interconnected world, social media has become an integral part of our daily lives. While it offers numerous benefits, it also poses challenges, particularly for co-parenting relationships. Co-parenting involves effective communication and cooperation between separated or divorced parents for…
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What is Custody Mediation?
A custody mediation is a guided conversation between parents regarding child custody. The primary goal and purpose of a custody mediation is to allow parties to meet together to share information and make decisions in an attempt to avoid having…
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Custody of Children: Who Can Take Custody and What They Have to Prove
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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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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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…
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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…
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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…
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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…
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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…
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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…
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