Three North Carolina Appeals Court cases appear to have made the first hurdle to a custody modification, proving a substantial change in circumstances, easier to overcome. All three cases allow past acts to be taken into consideration when finding a substantial change in circumstances. Today we will be exploring each case and giving an overview of the impact all three collectively have on custody modifications.
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.
So you wish to move or have moved and have a child custody and/or child support order(s) signed by a Judge in another state. How do you enforce the order(s) from another state?
One of the things I love about going to court is the ability to listen to other cases. At the very least I'm usually highly entertained and sometimes I pick up some interesting legal tidbits. Monday I got the opportunity to learn a little more about the UCCJEA and North Carolina. For those of you that are not up on your acronyms UCCJEA stands for Uniform Child Custody Jurisdiction Enforcement Act.
Now there is a phrase that pretty much sums up most separations and divorces. Did you know that within family law, and any area of law for that matter, that contempt plays an important, but sometimes confusing role? Let's chat about contempt as it applies to the law and we'll leave the Oxford English Dictionary definition alone.