Blog

Step-Parents and Custody

April 17, 2019

Are you a step parent who has an established relationship with a child and now you and your spouse (the biological parent) are divorcing?  Do you have any rights?  N.C. Gen. Stat. §50-13.1 et. al. allows ““any parent, relative, or other person” to file a lawsuit for custody of a minor child.  In order to…

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My Spouse’s Business and Equitable Distribution

April 10, 2019

It is important that you join your spouse’s corporation pursuant to N.C. Gen. Stat. §50-20 and Rule 19 of the North Carolina Rules of Civil Procedure. In one recent case in Wake County, the Defendant had an LLC that had no assets as of the date of separation.  At trial, the Defendant testified that after the date…

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What is Contempt?

April 10, 2019

The issue of contempt begins with a valid court order and the party who alleges a violation of an Order must actually file a Motion for Contempt.   A Motion for Contempt typically alleges that the violating party is in both Civil and Criminal Contempt.  Upon filing for a Motion for Contempt, the party filing the Motion…

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Shared Custody is Not Working – Tools

April 2, 2019

Wake County judges are typically not only limiting the time allotted for your case but the judges are also applying a 50/50 presumption meaning shared legal and physical custody is presumed to be in the best interests of children.  As a result of this presumption, it is difficult to change a judge’s mind that one…

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Using Text Messages as Evidence

April 1, 2019

Communication between parties may be cumbersome if you are using the text messages as evidence.   We use a very specific program to download the messages into a readable format so that the judge may reference the documents easily. Click here to Learn how to Download Text Messages

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Child Support Court – Case Update

March 27, 2019

Child Support Enforcement filed an action against our client for the support of minor children.   The parties separated over 6 months ago and in the interim, based on our advice, the *father was paying the following on behalf of the *mother:  the mortgage obligation, a car payment, health insurance premiums and was voluntarily paying an amount every…

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First Steps in Financial Matters in Court – Please Help Me Understand

March 27, 2019

The Wake County Family disclosures timeline is very important in any action pending for financial matters such as Child Support and Alimony (Support) or Equitable Distribution (Property).   The first step in most cases for financial matters is providing disclosures.   For Child Support and Alimony (Support) matters, we file a DOM-17A(COID-Support) and usually a…

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Grandparent and Custody

March 21, 2019

If you find yourself in conflict with the parents of your grandchildren, you have some limited rights to seek visitation ….. we are not talking custody at this stage. If the parents are not divorced, there is no visitation. The law allows grandparents to see their grandchildren in certain circumstances after the parents’divorce.  The test…

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What Makes a Parent Unfit

March 21, 2019

So you want to sue for custody of a grandchild? Are you a grandparent, or an aunt or just an unrelated person who has a substantial relationship with a child? The person suing for a custody of a child who is not a parent must show that a parent is unfit or has acted inconsistent…

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My Initial Consult with a Family Law and Divorce Lawyer

March 21, 2019

Every lawyer handles consultations differently but we think we present a well-versed presentation that provides you with clarity and knowledge.  We’ve got this on your behalf. During our initial consultation, the presentation is broken down into four (4) distinct phases:  The methods of addressing these areas of concern are:

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