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Family Law Blog


Seeking Custody as a Nonparent or Third Party

General Statute § 50-13.1 controls the filing of child custody cases in North Carolina. It provides as follows: “Any parent, relative, or other person, agency, organization or institution claiming the right to custody of a minor child may institute an action or proceeding for the custody of such child, as hereinafter provided.” Ordinarily, child custody cases are decided upon the “best interest of the child” standard. These types of cases are complicated and having an attorney to help present your...Read the full article ...

Where Do I file for Child Custody?

Child custody is often a contentiously debated issue. When both parties live in the same town, determining where to file the custody complaint is easy. As time passes, parents often move to different towns or even different states. Deciding where to file custody then becomes a bit more complicated. The decision on which State to file for custody is determined by the Uniform Child Custody Jurisdiction Act (UCCJEA). Whether North Carolina is the appropriate state to file for custody may...Read the full article ...

I’m Getting Divorced—What Property Do I Get to Have?

If you are getting a divorce, it is important to know what property the Court is likely going to give to you and what property your former spouse is going to get from the Court. North Carolina’s process of dividing property between spouses is known as equitable distribution. Equitable distribution is governed by North Carolina General Statute § 50-20. This article is meant to provide a basis understanding of the equitable distribution process in North Carolina. For more information, contact...Read the full article ...

Understanding the UCCJEA

The decision on which State to file for custody is determined by the Uniform Child Custody Jurisdiction Act (UCCJEA). Whether North Carolina is the appropriate state to file for custody may depend on whether the Court is making a decision for the first time (initial custody decision) or whether a party is seeking to modify a decision which was already made (modification). This article is intended to provide a basic introduction to the UCCJEA. If you are considering filing for...Read the full article ...

What You Need to Know Before Seeking a Divorce—The Top 3 Tips

Getting a divorce in North Carolina can be a long and complicated process. First, parties must be legally separated for one year prior to filing for divorce. Once eligible to file for divorce, the process of finalizing everything (alimony, property division, child custody) can take substantially longer. Before embarking on this emotionally draining and life altering path, there are a number of important things to know: 1. Make sure you are emotionally ready for what is about to happen. Couples...Read the full article ...

Visitation Options in a Child Custody Case

When one parent is awarded primary custody, the other parent receives “secondary custody” or “visitation.” The exact terms of that visitation can vary widely. Sometimes, visitation is open allowing for liberal flexibility in accordance with the mutual consent of the parties. This form of visitation requires parties to be able to communicate and place the needs of the children above all else. As anticipated, open visitation is not common. The second and more common type of visitation is structured or...Read the full article ...

The Basics of Child Custody

There are two types of custody in North Carolina. The first is legal custody. This refers to decision making authority regarding major decision such as health, welfare and education of a child. Legal custody can be held by one parent (sole legal custody) or it can be held by both parents (joint legal custody). The second type of custody is physical custody. This refers to where a child will live and how often visitation will occur. Like legal custody, physical...Read the full article ...

What You Should Know About Getting a Domestic Violence Restraining Order

People will usually seek the advice of an experienced attorney when trying to defend against a restraining order. Did you know you can also contact an attorney when you need assistance in obtaining a domestic violence protective order? Coming in to see an experienced attorney who can assist you in drafting your complaint for a restraining order can have a substantial impact on whether the order is ultimately granted. Our attorneys can not only help you to navigate the process...Read the full article ...

The Benefits of a Well Drafted Separation Agreement

People often assume a separation agreement is required in order to be legally separated. This is not correct. The law is very specific on the definition of legal separation. In order to be legally separated, a party must be physically separated with at least one spouse having the intent to end the martial relationship. In North Carolina, a couple may be legally separated without entering into a separation agreement. While not required, a well drafted separation agreement can provide a...Read the full article ...

Co-parenting 101

Perhaps the most difficult part of a divorce or when a couple separates is deciding how the children will be cared for in the future. Child custody in North Carolina includes decision making authority regarding a child’s welfare (legal custody) and where a child will live (physical custody). The best case scenario is for parties to decide upon what type of custody arrangement will apply to their children. Regardless of whether a couple decides on custody for themselves or a...Read the full article ...

Are We Separated Yet?

One of the most common misconceptions for family law clients is when they are “legally separated.” Some people equate separation with the drafting of a separation agreement and believe they are not legally separated until pen has been put to paper. Others believe they are legally separated once one person moves out of the master bedroom and into the guest room. In fact, North Carolina law is very specific on the definition of legal separation. In order to be legally...Read the full article ...

Seeking Custody as a Nonparent or Third Party

General Statute § 50-13.1 controls the filing of child custody cases in North Carolina. It provides as follows: “Any parent, relative, or other person, agency, organization or institution claiming the right to custody of a minor child may institute an action or proceeding for the custody of such child, as hereinafter provided.” Ordinarily, child custody cases are decided upon the “best interest of the child” standard. These types of cases are complicated and having an attorney to help present your…Read the full article


Where Do I file for Child Custody?

Child custody is often a contentiously debated issue. When both parties live in the same town, determining where to file the custody complaint is easy. As time passes, parents often move to different towns or even different states. Deciding where to file custody then becomes a bit more complicated. The decision on which State to file for custody is determined by the Uniform Child Custody Jurisdiction Act (UCCJEA). Whether North Carolina is the appropriate state to file for custody may…Read the full article


I’m Getting Divorced—What Property Do I Get to Have?

If you are getting a divorce, it is important to know what property the Court is likely going to give to you and what property your former spouse is going to get from the Court. North Carolina’s process of dividing property between spouses is known as equitable distribution. Equitable distribution is governed by North Carolina General Statute § 50-20. This article is meant to provide a basis understanding of the equitable distribution process in North Carolina. For more information, contact…Read the full article


Understanding the UCCJEA

The decision on which State to file for custody is determined by the Uniform Child Custody Jurisdiction Act (UCCJEA). Whether North Carolina is the appropriate state to file for custody may depend on whether the Court is making a decision for the first time (initial custody decision) or whether a party is seeking to modify a decision which was already made (modification). This article is intended to provide a basic introduction to the UCCJEA. If you are considering filing for…Read the full article


What You Need to Know Before Seeking a Divorce—The Top 3 Tips

Getting a divorce in North Carolina can be a long and complicated process. First, parties must be legally separated for one year prior to filing for divorce. Once eligible to file for divorce, the process of finalizing everything (alimony, property division, child custody) can take substantially longer. Before embarking on this emotionally draining and life altering path, there are a number of important things to know: 1. Make sure you are emotionally ready for what is about to happen. Couples…Read the full article


Visitation Options in a Child Custody Case

When one parent is awarded primary custody, the other parent receives “secondary custody” or “visitation.” The exact terms of that visitation can vary widely. Sometimes, visitation is open allowing for liberal flexibility in accordance with the mutual consent of the parties. This form of visitation requires parties to be able to communicate and place the needs of the children above all else. As anticipated, open visitation is not common. The second and more common type of visitation is structured or…Read the full article


The Basics of Child Custody

There are two types of custody in North Carolina. The first is legal custody. This refers to decision making authority regarding major decision such as health, welfare and education of a child. Legal custody can be held by one parent (sole legal custody) or it can be held by both parents (joint legal custody). The second type of custody is physical custody. This refers to where a child will live and how often visitation will occur. Like legal custody, physical…Read the full article


What You Should Know About Getting a Domestic Violence Restraining Order

People will usually seek the advice of an experienced attorney when trying to defend against a restraining order. Did you know you can also contact an attorney when you need assistance in obtaining a domestic violence protective order? Coming in to see an experienced attorney who can assist you in drafting your complaint for a restraining order can have a substantial impact on whether the order is ultimately granted. Our attorneys can not only help you to navigate the process…Read the full article


The Benefits of a Well Drafted Separation Agreement

People often assume a separation agreement is required in order to be legally separated. This is not correct. The law is very specific on the definition of legal separation. In order to be legally separated, a party must be physically separated with at least one spouse having the intent to end the martial relationship. In North Carolina, a couple may be legally separated without entering into a separation agreement. While not required, a well drafted separation agreement can provide a…Read the full article


Co-parenting 101

Perhaps the most difficult part of a divorce or when a couple separates is deciding how the children will be cared for in the future. Child custody in North Carolina includes decision making authority regarding a child’s welfare (legal custody) and where a child will live (physical custody). The best case scenario is for parties to decide upon what type of custody arrangement will apply to their children. Regardless of whether a couple decides on custody for themselves or a…Read the full article

Practice Areas
Contact Information

Fayetteville Office:

Cumberland County
230 Green Street
Fayetteville NC 28301
P: (910) 323-4600
F: (910) 323-3403

Raeford Office:

Hoke County
127 W. Edinborough Ave.
P.O. Box 688
Raeford, NC 28376
P: (910) 875-3379
F: (910) 875-4030

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