Can Equitable Distribution Mean Unequal Division in North Carolina?
North Carolina Divorce Lawyers Blog
by Woodruff Family Law Group
1d ago
Equitable distribution in North Carolina is presumed to mean an equal split of marital property, but what happens if this division is unfair or unjust? Dividing Marital Property in North Carolina Assets and debts are considered marital, separate, or divisible property. Marital property can be included in the division of property during a divorce, while separate property is not included. Divisible property can be challenging to categorize because it may or may not be distributed. Either spouse can file for equitable distribution before a final divorce decree is entered. The judge then looks at ..read more
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Overcoming a Parent’s Constitutional Right to Care for their Child
North Carolina Divorce Lawyers Blog
by Woodruff Family Law Group
6d ago
Custody and visitation disputes between parents focus on the best interest of their child, but this is not the standard used when non-parents are involved. North Carolina only allows non-parents to file for custody or visitation in limited circumstances. When these issues between a parent and a non-parent are litigated in court, additional elements must be considered before a parent’s rights are taken away. The Peterson Presumption The Peterson presumption is applied in North Carolina custody disputes between parents and non-parents and is a legal precedent that favors a natural or biological ..read more
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Does a Single Parent Count as an Intact Family in North Carolina?
North Carolina Divorce Lawyers Blog
by Woodruff Family Law Group
1w ago
The topic of an intact family may come up in some North Carolina custody and visitation cases. Why does this matter? The intact family factor is not relevant to every case, but it is pivotal when a non-parent seeks custody or visitation. The 1995 case of McIntyre v. McIntyre established that, with the exception of cases of negligence or unfitness, third parties like grandparents can only seek visitation rights when the child’s family is not intact or there is an ongoing custody proceeding. The decision in McIntyre was reinforced in Penland v. Harris. Penland v. Harris In the Penland case, the ..read more
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Triad Activities on St. Patrick’s Day for the Newly Separated or Divorced
North Carolina Divorce Lawyers Blog
by Woodruff Family Law Group
1w ago
To most people these days, St. Patrick’s Day is simply a celebratory occasion to wear green and drink Irish beverages like Guinness and Jameson. However, this Irish holiday, originally called the Feast of Saint Patrick, was first created to commemorate Saint Patrick’s bringing Christianity to Ireland and, thus, Irish culture and heritage as a whole. Today, St. Patrick’s Day has developed into a worldwide celebration complete with parades, costumes, and Irish cuisine and beverages. And it’s one of the few holidays that doesn’t emphasize romance or love in any way, making it the perfect time to ..read more
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National Equal Pay Day and Child Support
North Carolina Divorce Lawyers Blog
by Woodruff Family Law Group
2w ago
Pay is an important factor under the North Carolina Child Support Guidelines. It is critical for parents to be employed at their best potential for income to support children. This emphasis on fair compensation and financial stability aligns with the principles of National Equal Pay Day, which highlights the importance of gender pay equity and fair wages for all individuals. Because without equal pay opportunities, how can we expect men and women to contribute equally to the financial well-being of their children? Why Equal Pay Day Exists According to Equal Pay Today, for full-time, year-round ..read more
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When Are Non-Parents Granted Custody in North Carolina?
North Carolina Divorce Lawyers Blog
by Woodruff Family Law Group
2w ago
A parent-child bond is more than just an emotional connection; it’s also a strong legal force. In North Carolina, parents have a constitutionally protected interest when it comes to their relationship with their children. Non-parents can be granted custody, but there are strict guidelines for when that can occur. Awarding Custody to Non-Parents in North Carolina Because parents have a protected interest, non-parents must prove by a preponderance of the evidence that the parents have behaved in a way that is inconsistent with their protected interest. Non-parents can include anyone who is not t ..read more
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Can You File an Appeal Before a Final Order in North Carolina?
North Carolina Divorce Lawyers Blog
by Woodruff Family Law Group
2w ago
North Carolina family law cases often decide on some of the most important elements of a person’s life. From property and assets in a divorce to child custody arrangements, the outcome of these cases can significantly impact everyone involved. If you feel that the court’s decision is incorrect or unjust, you may be able to file an appeal. The appeals process is generally reserved for after a case is closed, when a final order has been entered. For example, in juvenile matters, such as custody and visitation cases, final orders can be appealed within ten days. However, if the court has entered ..read more
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When Can a Grandparent File for Visitation in North Carolina?
North Carolina Divorce Lawyers Blog
by Woodruff Family Law Group
3w ago
Extended family members often play an important role in a child’s life. The bond that children share with people such as their grandparents contributes to their development, but it is generally a parent’s decision as to which relationships their children can have. In North Carolina, parents have a right to determine who their children will spend time with and associate with. This means that non-parents, like grandparents, cannot file for visitation unless certain criteria are present. Court-Ordered Visitation for Grandparents North Carolina law does not grant visitation to grandparents based o ..read more
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Custody When the Custodial Parent Dies
North Carolina Divorce Lawyers Blog
by Woodruff Family Law Group
3w ago
It is always tragic when a child loses a parent, but what happens when the parent who passes away is the custodial parent? North Carolina courts must grant custody to someone else, and priority is given to biological parents in most cases. Awarding Custody After a Death Parents are allowed to file for custody of their children in most circumstances, but non-parents can only petition for custody if they can show that the parent is unfit. When the parent with primary physical custody passes away, courts generally acknowledge that the surviving parent has a right to gain custody. It does not matt ..read more
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Renewing a Domestic Violence Protective Order in North Carolina
North Carolina Divorce Lawyers Blog
by Woodruff Family Law Group
1M ago
A Domestic Violence Protective Order (DVPO) can last up to one year in North Carolina. These protection orders can be filed against anyone you have a personal relationship with, and violations mean the other party can be arrested. DVPOs provide a much-needed layer of protection for divorcing spouses facing domestic violence. If your DVPO is set to expire soon, you may be able to receive a renewal. A renewal can last up to two years, and you can continue to receive renewals as long as there is good cause for the DVPO to remain in place.[1] Filing for DVPO Renewal To request your protective orde ..read more
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