Child Custody

How Do I Divorce a Spouse Who Lives in Another State?

Published on: January 11, 2023 | On behalf of Arnold & Smith, PLLC

How Do I Divorce a Spouse Who Lives in Another State?

The decision to divorce often comes after a long period of discord or discontent. In North Carolina, couples can file for a no-fault divorce based on irreconcilable differences. Couples are required to live apart for a period of at least one year before they can seek an absolute divorce in North Carolina. In some cases, one or both parties may move out of the area where they originally resided. When this happens, it can complicate the divorce process. If you are seeking a divorce from a partner who lives out of state, it is helpful to seek guidance from an experienced North Carolina divorce attorney.

Residency and Jurisdiction

How Can I Enforce a Child Support Order?

Published on: December 14, 2022 | On behalf of Arnold & Smith, PLLC

How Can I Enforce a Child Support Order?

When you went through a divorce, you were probably quite happy when the process was over and the judge provided an order. Now you and your family can get on with your lives and can begin a new chapter. Things are going along nicely until you stop getting child support payments, or maybe the payments are less than they are supposed to be. At first, your ex simply says he will catch up later, but soon you start to realize that the payments are falling far behind. What can you do to enforce a child support order? A knowledgeable family law attorney can help you through this difficult time.

Understanding Child Support

Tips for Parenting Through the Holidays After Divorce

Published on: November 16, 2022 | On behalf of Arnold & Smith, PLLC

Tips for Parenting Through the Holidays After Divorce

Parenting can be challenging, especially for those who are divorced. Whether you are going through a separation, are recently divorced, or have been apart for a while, it can be difficult to navigate the schedule with your children around the holidays. While you would like to have your children with you throughout this special time, they also need to spend time with their other parent. Grandparents also want to spend time with their grandchildren. Here are some tips to help you get through the holidays without unnecessary stress.

Plan Ahead

How Do I Establish Paternity in North Carolina?

Published on: November 9, 2022 | On behalf of Arnold & Smith, PLLC

Children are born to two parents, and both parents have rights and responsibilities. Sometimes, paternity is not automatic. In order to ensure parental rights, paternity might need to be established through legal channels. While you may know that you are the biological parent of a child, the law must confirm this in order to be able to make decisions for your child, order child support, and determine custody and visitation. A skilled family law attorney will help you resolve paternity matters and protect your parental rights.

When parents are married when the child is born, the law presumes that the husband is the father in most cases. If the father’s name is on the birth certificate and the parents later marry, no further action is needed to establish paternity. Paternity is the way to make sure that the biological father is the legal father of a child. Although parents may understand who the father is, the law does not assume paternity when the parents are not married.

https://youtu.be/iBTSY6ufZu8

What are My Parental Custody Rights?

Published on: August 17, 2022 | On behalf of Arnold & Smith, PLLC

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

The day your child is born is one of the happiest of your life. Now that you are a parent, everything has changed. You now care for and protect another human being and have many responsibilities. You also have some parental rights. In North Carolina, both parents are considered to share responsibilities for their children, and they both have rights. When you divorce, you must learn to share your child with your former spouse. It is helpful to understand your rights so you can make sure to have quality time with your child.

Making Shared Physical Custody Work

Published on: June 15, 2022 | On behalf of Arnold & Smith, PLLC

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

When parents divorce, their main concern is usually the welfare of their children. In North Carolina, both parents should generally share custody of their children. Shared physical custody allows both parents to spend quality time with their children on a regular basis. Parents who are able to put their differences aside can provide a stable and loving environment for their children after divorce. A divorce attorney will help you establish the type of custody arrangement that will work best for your family.

Emergency Child Custody in North Carolina

Published on: May 18, 2022 | On behalf of Arnold & Smith, PLLC

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

Your child’s health and welfare are likely your biggest concern. When a child is in danger it is essential to take immediate action. When a child is in danger, you may file for emergency child custody. Emergency child custody is a request through the court system. The courts take child endangerment seriously and therefore they have a process in place to protect a child from harm. If you believe that the child is in danger you may file for emergency child custody. A child custody attorney will assist you with the request and will guide the process to protect the minor from any potential harm.

What are the Rights of Unmarried Parents?

Published on: May 11, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How is the amount of child support decided in North Carolina?”

The family dynamic has been changing over the last several decades. Today it is much more acceptable to give birth to children out of wedlock. According to the Centers for Disease Control and Prevention, CDC, approximately 40.5% of all live births in the United States in 2020 were to unmarried women. While there are many children born to single parents, there are many issues that may arise in regards to child care, custody, support, and visitation. Both parents need to understand their obligations, responsibilities and rights when it comes to their biological children.

What is Parental Kidnapping?

Published on: March 23, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” I’m considering separating from my spouse; what actions should I refrain from doing?”

As a parent, you want to do everything you can to protect your child and keep them safe from all types of harm. Parents keep watch over their children in all circumstances to ensure their safety. The word “kidnapping” brings terrifying thoughts of a child being torn away from a parent without hope of reuniting. While kidnapping by a stranger can happen, it is a rare occurrence. The most frequent type of child kidnapping happens when a non-custodial parent takes the child or refuses to return a child after visitation. Parental kidnapping is a serious concern for many parents. When a parent takes their own child away from a custodial parent, the situation can best be described as parental kidnapping.

Parenting Time in North Carolina

Published on: March 9, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Can I keep my Kids from seeing the other parent?”

One of the most difficult parts of a divorce is having to spend time away from your children. Divorce can make life difficult for everyone. The key to a successful transition is to resolve matters regarding parenting time so that both parents get to have regular time with their children. When you establish a new schedule, kids will often quickly adapt and will get used to their new normal. Both parents should make an attempt to come to an agreement regarding parenting time and other key decisions regarding their children. An experienced divorce attorney will help you create a parenting plan that works.