Mediation and arbitration can be a great way to solve traditional legal disputes and can be a less expensive, quicker and more pleasant process than litigation. Mediation and arbitration are considered an informal proceeding in the sense that the parties are not situated in a courtroom with evidence and testimony being presented on the record. These alternatives are not exactly the same and it is important to understand the difference. Mediation has a trained independent third party with no … [Read more...]
Custody and visitation rights for fathers
Unmarried or divorced fathers in Charlotte might struggle to get the custody arrangement they want with their children. Over 80 percent of custodial parents are mothers, and this suggests that courts still favor them in child custody cases. Fathers may also fall behind on child support or be blocked from seeing their children altogether if the mother files a protection order. Some of these situations could have a severe effect on a father's life. For example, one father who fell behind … [Read more...]
What Are Your Rights When Your Spouse is Abusive? Domestic Violence Protective Orders (50B)
Being a spouse or partner in an abusive relationship is a very difficult situation for you and your children. Not knowing where to turn or what rights you have to protect yourself and your family can be painful as you try to do the best you can. The state of North Carolina provides protection for people in this situation through the courts – Domestic Violence Protective Orders, which are also called a “50B,” or Restraining Order. A Restraining Order, is signed by a judge and orders your … [Read more...]
You’ve Decided to Divorce – Now What? Handling Your Finances
The holidays are over and you have reached the decision to separate and get a divorce. Although you cannot actually file for a divorce until after you have been separated for over a year, couples might be more likely to separate in January than in other months. If the day has finally come that you and your spouse need to call it quits, you might be wondering what to do next. Should I move out of the house? (covered in a previously blog post you can read here) How do I handle my … [Read more...]
You’ve Decided to Divorce – Now What? Children, Custody and Visitation.
The holidays are over and you have reached the decision to separate and get a divorce. Although you cannot actually file for a divorce until after you have been separated for over a year, couples might be more likely to separate in January than in other months. If the day has finally come that you and your spouse need to call it quits, you might be wondering what to do next. Should I move out of the house? (read the previous blog post here) How do I handle my finances while we are … [Read more...]
Child Custody Process in North Carolina
Divorce is never easy. And the situation can become more difficult when the couple has children. Determining custody can be emotional for all parties involved. Each spouse could have differing opinions on who gets custody of the children. However, in North Carolina, the magic words relating to custody are "in the best interests of the minor child(ren)." Family Law Attorneys are dedicated to preserving the best interests and safety of all children involved in a divorce situation. Any … [Read more...]
Child custody decisions can be affected by living arrangements
When a North Carolina parent is preparing to seek child custody, they should be aware of how their living arrangements could affect the outcome of their hearing. In fact, courts often base decisions about child custody and visitation at least in part on the parent's living circumstances. While standards may vary as to what is acceptable, there are certain factors to keep in mind when preparing for a custody hearing. For example, the child's age and gender can affect how a judge may view … [Read more...]
How courts may handle parental disputes during divorce
Parents in Charlotte who are getting a divorce might think that, if they feel their child is unsafe with the other parent because of alcohol or drug abuse, it will be easy to get a court to act. However, the process is not always that straightforward. One court ruled that even though a father drank nightly, this did not mean he imbibed when he had the children. Parents will usually need documentation to get a court to act. Ideally, this would be something like police reports, but in the absence … [Read more...]
‘Birdnesting’ could be an innovative approach to joint custody
Many divorced parents in North Carolina take time to consider how to best provide their children with a sense of stability. There are a number of custody options that people can consider, and joint or shared custody is perhaps more popular than ever. One alternative type of shared custody option is called "birdnesting." It means that the kids remain in the family home while each parent moves out on a rotating basis. In most cases, this is an option for people with some means as the parents … [Read more...]
Creating rules for two homes after a divorce
North Carolina parents who are going through a divorce will have to figure out a co-parenting agreement. One of the challenges families face is dealing with two different sets of house rules. While this may not seem like a big deal, having different standards in each home can be confusing for children. After a divorce, children need order and constancy. A unified set of rules for both houses can help accomplish this. One parent might be more stern in some instances, but it is better to have the … [Read more...]
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