Articles Posted in Child Custody

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Board Certified Family Law Specialist Matt Arnold answers the question: “What rules are there for Father’s Right in NC?”

When it comes to paternity, the law in North Carolina has been designed to favor married couples. Married couples benefit because when a child is born to a married couple, the husband and wife are automatically viewed as being legal parents of the child. This can be a great thing in that it immediately bestows important rights and responsibilities on the couple, saving the hassle of having to establish paternity. The problem is that this can work against some couples, specifically, those where the child born during the marriage is not the biological child of the husband. In these cases, the father will have to fight a rather long battle to have the presumption of paternity reversed. To learn more about paternity and how it can prove problematic in certain custody/child support cases, keep reading.

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Board Certified Family Law Specialist Matt Arnold answers the question: “What are my custody rights if the other parent moves?”

As anyone who has ever been through a divorce with children knows, custody is almost always the thorniest issue to be resolved. Though it can be difficult to reach agreement with a spouse privately, it is often better to try this rather than hand your case over to a judge to decide. A recent custody decision out of Virginia illustrates this point well, with the judge handing down what many view as a bizarre order which says that the girl at the center of the custody dispute is prohibited from practicing or playing golf.

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Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

It’s just passed the one-year anniversary of the Supreme Court ruling in the landmark Obergefell case. In that case, the Court announced that same-sex marriage bans were unconstitutional, forcing courts around the country to begin allowing same-sex marriages. Today, the courts are still grappling with how to do that, especially given confusing and sometimes contradictory state legislation.

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Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect my divorce case?”

If you pay off your neutral custody arbitrator, allegedly manipulate police into investigating your ex-wife’s new beau, and try to get your ex-wife kicked out of the Catholic Church but still don’t get the custody arrangement you want…sue your ex for $10 million for manipulating you? This seems to be Bill O’Reilly’s train of thought as of late.

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Board Certified Family Law Specialist Matt Arnold answers the question: “How does custody work if one parent moves internationally?”

A federal judge in Knoxville, TN recently found himself grappling with a case unlike any other he had encountered previously. The judge was forced to decide whether an international custody dispute would be decided by an American or Mexican family court. In the end, the judge decided that Mexico ought to resolve the matter, turning the page on one chapter of a more than three-year-old custody fight.

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Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can I do to gain custody of my child in North Carolina?”

Custody is often among the most contentious aspects of a divorce proceeding and understandably so. Though property division can be acrimonious, nothing is as emotionally draining as the thought of dividing up time with your children. Typically, both parties are eager to spend as much time as possible with the kids, something that invariably leads to conflict.

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Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can I do to gain custody of my child in North Carolina?”

The Tsimhoni family is back in the news again this month as the parents’ custody war wages onwards. Their case made international headlines last year when a Michigan judge found the parents’ three children, ages 9, 11 and 14, in contempt for not following her court order to have lunch with their estranged father. The judge then sent the three children to a juvenile detention facility and ordered them to attend an intensive “parental alienation program.”

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Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Do I need an attorney to get a Divorce in North Carolina?”

It’s not something that many people think about, but those who have dealt with it before understand just how complicated family law cases can be when one parent is incarcerated. Family law issues, including divorce and child custody issues, are already difficult, but adding to the mix the fact that one parent is behind bars can make things exponentially more complex.

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Matthew R. Arnold of Arnold & Smith, PLLC answers the question “How is the amount of child support decided in North Carolina?”

We generally assume that the responsibility for supporting children financially falls squarely on the biological parents, either directly or through child support payments. Stepparents are seen as being in the clear, legally speaking, due to their lack of a blood relationship with the child. Though this is generally true, it is not always true, something that a recent case out of Pennsylvania demonstrated. To learn more about stepparents and their obligation to pay child support, keep reading.

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Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can I do to gain custody of my child in North Carolina?”

It’s a common refrain among those in unhappy marriages: staying together for the sake of the kids is the right thing to do. Though it’s noble that parents are willing to sacrifice for the sake of their children, it has become clear that the sacrifice is not only not necessary, but apparently not useful. A recent study by Swedish researchers indicates that children who are the products of divorced parents turn out just as well as those with married parents. In this case, the conventional wisdom that smiling through a bad marriage is good for the kids appears not to be true.