Interactions with clients that have family law issues produce issues and questions that frequently arise. In this installment of our family law blog, we are going to discuss some of the more common questions that I have received over the years regarding family law. Questions asked by multiple people, independent of each other, are asked for a reason. That reason is that there is a lot of misinformation out there. Let's clear some things up.
Today I'm going to try something different and, hopefully, fun. I came across a hypothetical a couple weeks ago regarding a couple, two dogs, puppies, and divorce. Lots of interesting issues that all involve equitable distribution. After all, pets are property in North Carolina.
Optimistic that you and your spouse can work your separation out prior to filing a court action? Fantastic, I love the optimism. Here's what you need to know to avoid the drawn out and dreaded legal process.
Believe it or not, prior to the NC Supreme Court's decision in Petersen v. Rogers anyone could file for custody of a child in North Carolina. The neighbor next door that doesn't know what a lawnmower is? Yep, he could have filed for custody of your kid in North Carolina prior to the Petersen decision. Some rando stranger-danger down the block? Yep, he could have filed for custody of your kid in North Carolina prior to the Petersen decision.
North Carolina General Statute section 50-13.1 establishes actions for custody in North Carolina. There are a number of ways that custody can be agreed upon by the parties. I talk further about that here.
Typically, during the outset of a separation, a party may consider moving to a new state and want to take his/her child with them to start a new life. That may well be a very bad idea depending on the circumstances. This blog post discusses the UCCJEA, which stands for the Uniform Child Custody Jurisdiction Enforcement Act.
In the spirit of the holiday season and reminiscing about that beloved Christmas movie that all children fantasize about, I have come up with this foregoing blog post. No, it's not about giving, or being with family, it's about being left alone.