Imagine a mother, Jane, and her 10-year-old son, Alex. Alex’s father, who shares custody, has been physically abusive toward Alex during visits. Jane is frightened for Alex’s safety and wants a domestic violence protective order (DVPO) to protect herself and her child. Jane contacts her local domestic violence clinic, asks the personnel at her local courthouse and consults the internet for how to proceed. She learns that she has two options. (1) She can file a DVPO as Alex’s Guardian Ad Litem (GAL), which means the case would list Alex as the plaintiff and Jane would be appointed to speak … Continue reading →

Child custody matters can be complex and emotionally charged. In some situations, immediate action may be required to protect the best interests of a child. When faced with emergencies, a legal avenue available to parents or guardians in North Carolina is the Emergency Ex Parte Child Custody Claim. What is an emergency ex parte child custody claim, when it can be filed, and how does the process work to help you understand your legal rights and options? What Is an Emergency Ex Parte Child Custody Claim? An Emergency Ex Parte Child Custody Claim is a legal request made to the … Continue reading →

It should come as no surprise that more and more people are going to college. According to the Education Data Initiative (EDI), 40% of 18-24 year olds attend at least some kind of post-high school education. And with higher enrollment rates comes more and more student loan debt, and North Carolina is no exception. Also according to the EDI, borrowers in North Carolina borrow an average of $38,134 to attend college, and the number is even higher for advanced degrees such as law, medical and graduate programs. These ever-increasing student loans are carried into, or taken out during, marriage. One … Continue reading →

Did you sign a postnuptial or postmarital agreement at some point during your marriage and do not believe the terms are fair?  Are you and your spouse getting separated or divorced and you want to understand the effects of a postnuptial agreement?  Although post marital agreements are difficult to set aside, there are ways to attack them in family court if you were pressured to sign, or the terms are wholly unfair, or you waived certain marital rights.  Similarly if your spouse is refusing to comply with a postnuptial agreement that you believe is fair, there are ways to enforce … Continue reading →

Yes! Having a well-respected family law attorney represent you in a custody case is an important step but your children are the most important people in your life so hiring an attorney should not be your last step.  First, discuss all of your goals and concerns with your attorney.  Second, provide your attorney with as many facts regarding your history with the children as possible. Third, provide your attorney with a list of witnesses who can testify about your positive relationship with your children.  Good witnesses are teachers, coaches, neighbors and friends you spend a lot of time with, and … Continue reading →

To get divorced in North Carolina a lawsuit has to be filed with the courts and served (meaning formally delivered) to your spouse.  There are three (3) primary ways to serve someone with divorce papers:  by sheriff, certified mail or acceptance of service.  If you do not know where your spouse is staying or working or you have tried all possible leads and you have been unable to get them served, you will need to publish a notice in the local newspaper where your spouse was last known to be living.  This process is called Notice by Publication.  Once you … Continue reading →

You do not have to have your spouse’s consent to obtain a divorce; however, there are several facts that must exist in order to get divorced.  In North Carolina, a husband or wife can file for divorce so long as the parties have been physically separated for more than a year with at least one of the parties intending to remain separate and apart, at least one of you has been a citizen and resident of the State of North Carolina for at least 6 months prior to filing the action and the other spouse is not an active member … Continue reading →

I have been asked by several clients if they or the other parent can keep their child or children from visiting with the other parent if they are concerned about the Coronavirus. Since the impact of COVID-19 is unprecedented, there are no hard and fast rules but first and foremost, if your custody terms are in a court order, you should follow the terms of the order. Neither party is allowed to unilaterally change or violate the terms of the court’s order. If the child has been exposed to the coronavirus, then the parents should discuss whether the exchange can … Continue reading →

In most if not all counties in North Carolina, including Guilford, Mecklenburg, New Hanover and Wake County, travel for purposes of exchanging children pursuant to a custody agreement or court order is permitted. You should check your particular county’s Shelter in Place policy, but most likely exchanges for purposes of exercising custodial agreements are permitted. If Shelter in Place rules prevent you from exchanging at the location designated in your agreement such as inside a restaurant or at a local park that is closed, you may need to move the designated meeting place to another spot. Be sure to communicate … Continue reading →