Articles Posted in Child Custody

Published on:

Chapter 7B of the Juvenile Code regarding Abuse, Neglect, and Dependency proceedings sets forth the procedures and BEST INTERESTS REMOVAL OF AN UNFIT PARENTprotocols for the removal of a child from an “unfit parent.”

North Carolina law Section 7B-906.2(b) requires the Trial Court to include possible reunification of parent and child as part of an initial “permanency plan.”

N.C.G.S. Section 7B-906.1(e)(1) further requires the Court to make formal findings regarding whether it is possible for the removed child or children to be returned (placed) with the parent within six months of the hearing.

Published on:

Child Visitation in North Carolina  CHILD CUSTODY DURING COVID-19

The Coronavirus and COVID-19 changes how we live day-to-day.   

That involves more than just grocery shopping, doctor visits, and going to work.  

Published on:

Charlotte-Child-Custody-and-Contempt-of-Court-200x200The North Carolina Court of Appeals ruled this week on a longstanding Charlotte child custody and contempt of court legal issue, described as, “an exceptionally contentious and prolonged custody battle” between a father and mother in Mecklenburg County Family Court.  Litigation began in January 2007 involving the custody of two children, one of whom has since “aged out” and has been the subject of various Show Cause Orders, Motions to Show Cause, Charlotte child custody and Contempt of Court proceedings since he was 11 years old.

Another daughter, who is now 17, is the subject of the present appeal in the Charlotte Family Court matter entitled Grissom v. Cohen.  To download a copy of the NC Court of Appeals opinion as published on October 2, 2018, see:  Charlotte Contempt of Court Child Custody 2018

The extent and nature of the litigation in the matter is remarkable, involving four different Charlotte Family Court Judges, 600+ findings of fact in 2 Custody Orders and at least two full child custody trials in Mecklenburg County.  While truly extraordinary in scope and duration, it does serve as an example of the lengths to which parents will fight for child custody and visitation in Charlotte – Bill Powers, Divorce Lawyer Charlotte NC 

Published on:

Custody4-200x200The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a uniform law drafted by the Uniform Law Commission in 1997. The UCCJEA encompasses a set of guidelines for courts to follow in their determination of child custody. To date, the law has been adopted by 49 states and Washington, DC. The UCCJEA breaks down legal and physical custody, sole and joint custody, grandparent visitation rights as well as factors to assess custodial rights.

Legal and Physical Custody

The law has divided custodial rights into two categories (legal and physical custody). Legal custody is the right and obligation to make decisions about the child’s well-being and upbringing. These include decisions regarding the child’s schooling, medical care and religious activities. Many states normally permit both parents to share legal custody of the child depending on the circumstances of the custody case. Physical custody is the right of a parent to have a child reside with him or her. There are two forms of physical and legal custody: sole or joint custody.

Published on:

Custody-200x200A new North Carolina measure called Rylan’s Law will increase oversight in child custody cases, according to an article by The News & Observer.

Rylan’s Law came into existence to address existing inefficiencies in the state child custody system. Specifically, lawmakers point to the notorious story of a young boy named Rylan. This boy drowned in a pool in April 2016, only weeks before his second birthday.

Before his death, domestic violence concerns forced Rylan and his sister into foster care in October 2015. But several months later, a judge ruled to return the Ryland and his sister to their mother in December 2015. This happened despite the mother’s pending case for child abuse. Approximately four months later, Rylan was dead.

Published on:

Custody4-200x200Today we will review a handful of key considerations for child custody situations that arise in North Carolina. Child custody is often the most challenging part of a divorce, with both parents fighting for custody of their children. In order to maintain focus on the children, North Carolina’s statutory approach places a premium value on the best interests of the children.

How Does North Carolina Determine Child Custody?

The most important factor in the determination of child custody in North Carolina is the best interest of the children involved. In determining best interest, the court attempts to examine multiple angles of the child’s domestic reality. As a result, the working and living situations of the parents come into play. The presence or threat of domestic violence is also an important consideration.

Published on:

Family4-200x200Today we will explore the North Carolina approach to child custody and child support. Before we delve into specifics, there is an overarching consideration we need to consider first. North Carolina places a high importance on the best interests of the child. In any determination of child custody or support, the court will examine what circumstances will yield the best outcome for the children involved.

What are the Different Types of Child Custody in North Carolina?

There are three major types of child custody in North Carolina.

Published on:

MotherDaughter-191x200When a divorce involves children, the North Carolina court system may have to help the parents determine how the children will spend their time between the two parents.  In an earlier post, we briefly discussed child custody orders and explained that they were somewhat of a last resort in instances where the parents themselves could not agree on a custody arrangement.

After a custody order is set into place, it is usually in the best interests of everybody involved to abide by the order. However, custody orders are not set in stone. The courts can revisit them. Therefore, sometimes, one party will seek to modify a prior custody order.

The Law

Published on:

ParentPlan-200x200When a marriage comes to an end, child custody is often one of the most hotly contested items throughout the divorce process. But what happens if there are stepparents/children involved? Does the biological parent always end up with his or her children, or does the stepparent ever seek and obtain custody? What about visitation rights of stepparents, or even stepgrandparents?

Study Finds that for Half of Children of Divorced Stepfamilies, a Strong Relationship with the Stepparent Remains Through Adulthood

A recent study found that the bonds created between stepchildren and their stepparents can last a lifetime even after the child’s biological parent and stepparent got divorced. According to one of the paper’s authors, Marilyn Coleman of the Department of Human Development and Family Science, “For a substantial portion of these children’s lives, they’ve been living with a stepparent, who, in many cases, became a parent to them.” When that strong relationship can be shown and proven to the court, there is a much greater chance of that stepparent being given partial custody or visitation rights. Coleman goes on to say that when “the couple breaks up, the family breaks up. . . what happens to these kids?

Contact Information