The Graham.Nuckolls.Conner. Law Firm, PLLC - Greenville Family Lawyer
Call Now for Help
Local: 252-493-6114
Toll Free: 800-682-1756

Greenville Family Law Blog

The best way to handle child custody issues is with respect

Most North Carolina parents see their children as a blessing and only want what is best for them. They will also go out of their way to protect their kids from harm, be it physical or emotional. As a result, many parents are willing to put their children's well-being ahead of their own. Unfortunately, sometimes a situation between two adults becomes untenable, and a separation or divorce is the best course of action for everyone involved in the long run, even if the kids may be confused and upset by it. When this occurs, it is important that parents remember the kids when they deal with potentially contentious issues such as custody and visitation.

Children are quite perceptive, and will pick up on nuanced behaviors and moods that a parent may be attempting to hide. When two adults end a relationship, it can be hard for them to push through the hurt feelings and agree on issues, especially if they've become accustomed to arguing in the latter stages of their relationship. However, when children sense such conflict, not only is it upsetting, but they can often begin to feel as if the conflict is their fault, especially when the issue directly concerns them, such as child custody.

There's no one type of North Carolina adoption

When North Carolina residents think about adoption, it is likely that their minds turn to an infant who has no parents and a kindly couple willing to take the child in as their own. While this scenario certainly describes some adoptions, it does not do justice to the depth and breadth of adoption experiences had by people in the modern United States. There are many reasons for adoption, and many ways it can help families that need to have some legal certainty with regard to domestic relationships.

There are the traditional orphan adoptions, where a child who needs parents is united with a person or a couple who want to raise that child, and give him or her a new opportunity to succeed in life. These children can be babies, toddlers, or even teenagers who need guidance and lots of understanding. There are step-parent adoptions, where a new legal family unit is created out of the elements of a previously existing one. Then there are adult adoptions, where a person may want to create a familial relationship with another for sentimental reasons or in order to make bequeathing an inheritance easier.

Is there a maximum amount of child support in NC?

As the old saying goes: "children are our future." Because of this, society tends to do what it can to look out for children and make sure, as much as possible, that they are cared and provided for. One way that it does this is by enforcing the concept that children be supported by the endeavors of their parents. The main method the state of North Carolina uses to enact this policy is the use of court ordered child support payments when couples no longer reside together with the children.

As we have previously pointed out, North Carolina uses a set of guidelines to determine the amount of child support paid by a non-custodial parent. These guidelines are based on the incomes of both parents, with some deductions taken into account. Basically, the family court will look at the adjusted income of both parents, consult a chart to determine the total amount the child should be receiving, and assign a percentage of support to each parent based upon the ratio of his or her income to the whole. So, based on this, is there any "maximum" amount of support?

Why have a lawyer in child custody mediation?

Most North Carolinians have probably heard of mediation, if only in the news or on legal television shows. They might also understand that it is considered an 'alternative dispute resolution method.' This method, which provides an alternative to litigation, is often used in family law cases like divorce and child custody. There may be a few reasons why mediation might be a good option in certain cases, but one should always understand that using such an alternative process without legal advice might not be a great idea.

Mediation in family law seeks to get the parties to come to some kind of agreement on issues, like child custody and visitation, so that both parents can feel like part of the process and, hopefully, have a more congenial relationship going forward. With regard to child custody, having both parents on the same page is generally in the best interests of the child. When it comes to property division and other divorce issues, a mediation may allow the parties to reach an agreement that each feels is fair, rather than leaving the matter for a judge to decide.

Is a father's consent needed before adopting a child??

There are many reasons why people decide to adopt children in North Carolina. It could be because they cannot have children of their own or they could want to give children a loving family who might otherwise not have one without adoption. Likewise, there are many different reasons why people decide to give their children up for adoption. While there are plenty of families looking to adopt and many children waiting to be adopted, there is still a lengthy legal process both must go through before an adoption can be completed.

One of the first legal hurdles to get over is getting both biological parents to consent to the adoption. The easiest way is for the parents to sign a consent or relinquishment, or for fathers to enter a denial of paternity if the father is not married to the mother. However, fathers, like mothers, do have rights, and an adoption cannot occur without a consent of some kind or a court order addressing those rights.

Does NC child support include medical insurance?

The topic of healthcare has been a hot one lately. As the federal government and its warring political parties fight over how the country's massive healthcare system should be run, North Carolina residents continue to do what they can to provide good lives for themselves and their children. One of the aspects of this provision is maintaining the health of these minors so that they can grow into responsible adults.

While many couples may have health insurance that covers their dependents, when a divorce or breakup occurs it can sometimes be difficult for a newly single parent to provide such benefits for a child, which may put their medical needs at risk. However, the law in North Carolina is that both parents have an obligation to provide for the health care of their child, which includes medical insurance if reasonably available to them. In many cases, parents going through a divorce or child support proceeding will come to an agreement on how such care will be provided. However, if it is not, a court can become involved in the issue.

How is 'visitation' decided in North Carolina child custody?

We've previously discussed several aspects of child custody cases in North Carolina. As many readers will no doubt remember, child custody can be decided as part of a divorce proceeding, or as a separate petition, sometimes along with other issues such as paternity and child support. A few weeks ago, we touched on the differences between 'sole' and 'joint' custody. To refresh, sole custody is given to one parent, while both parents are involved in a joint custody arrangement.

Readers might also remember that there is legal and physical custody. While legal custody, that is, the right and responsibility to make important decisions regarding the child, is usually held jointly except in certain situations, physical custody is more likely to go to one parent or another, if only due to practical considerations. When one parent has physical custody, however, the other parent will generally be allowed to see the child for some periods of time. This is known as 'visitation.'

Finality is the hallmark of a good North Carolina adoption

There are myriad reasons that a North Carolinian might want to consider adoption. Whether it is to begin a family or expand one, to take in a child who has no other place to go or to 'legalize' an already existing parental relationship is personal and important. Making certain the process goes smoothly, and results in the desired outcome, is essential to both the adopter and the adoptee.

Because adoption is a legal process, there are many rules and regulations to follow in order to complete the procedure. This goes beyond just passing a pre-placement assessment when one is required. When one of these rules is broken or forgotten, not only might the process fall apart before it can be finished, any order resulting from it may be voidable. If a biological parent's rights are not terminated correctly, or an interested party does not receive proper notice, even if a final order is entered, the newly-minted family may face problems down the road.

What is a 'modification' in North Carolina child support?

It is the policy of the state of North Carolina that children should be supported by the incomes and talents of their parents. To this end, the state, like the rest of the country, has adopted a uniform method of calculating child support amounts to be paid by people who no longer reside with their children due to divorce or circumstances surrounding a non-marital relationship. Once ordered to pay a child support obligation by a North Carolina court, failure to pay can result in enforcement actions being taken against the non-custodial parent (NCP).

These enforcement actions can include some serious consequences such as suspension of driver's and professional licenses, interception of tax refunds, and even contempt of court and jail time. Because of the severity of penalties, it is important that non-custodial parents who can't afford their child support because of a changed situation take steps to remedy the situation. This might be done by filing for a modification of the child support order.

What is "sole" and "joint" child custody in North Carolina?

Perhaps the hardest part of a divorce or non-marital paternity case is determining how to divide the time parents can spend with their children. When two separate households are involved, it is often the case that some compromises will have to be made and that no one party will be given everything he or she wishes for. However, the more parents can work together to find common ground, the better the chances of both being satisfied with the child custody arrangements.

Many residents of North Carolina may be familiar with the terms 'joint' and 'sole' custody. They are often used by people in an informal way to describe the living arrangements they have with their children and an ex-partner. However, the terms have a legal meaning which may or may not correspond to the way the words are used conventionally.

Office Location

The Graham.Nuckolls.Conner. Law Firm, PLLC
321 Evans Street, Suite 200
Hendrix Building
Greenville, NC 27858

Toll Free: 800-682-1756
Phone: 252-493-6114
Fax: 252-757-3563
Map & Directions

Hear From Us Today

Bold labels are required.

disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy