Articles Posted in Parenthood

Board Certified Family Law Specialist Matt Arnold answers the question: “Who pays for the children’s health insurance and co-pays?”

Adjusting to life with children after divorce can be difficult. Suddenly, after having spent the past years or months with a spouse sharing the responsibilities of parenthood, you are suddenly left caring for your children alone. One of the biggest changes after divorce is the family’s finances. Instead of the income of two parents supporting one household, there is now only one income. In North Carolina, child support payments are often ordered in divorce and child custody agreements to ensure that the children have the resources to be cared for, regardless of the marital status of the parents. While child support is an option, sometimes it is difficult to collect the child support owed. There are different ways that child support orders can be enforced.

Board Certified Family Law Specialist Matt Arnold answers the question: “Who pays for the children’s health insurance and co-pays?”

If you asked someone 20 years ago if there would ever be a possibility of a woman conceiving a baby with her spouse who is deceased, you would have likely gotten a blank stare of disbelief. 20 years ago this was not possible, but through increases in technology and conception methods, the possibility of conceiving a child after the death of a spouse is possible through In Vitro Fertilization (IVF). In the estate planning world, this type of situation, a child born after the death of one of the parents, would be called an “after born child.” There are may legal considerations that must be noted when there is the potential for an after born child.

Board Certified Family Law Specialist Matt Arnold answers the question: ” If I remarry, can they look at my new spouse’s income?”

You might think that determining paternity these days would be a fairly simple process. There is no longer a need for lengthy trials, witness testimony and a weighing of factors. A simple, fast, affordable genetic test can arrive at a definitive answer in record time. Though genetic testing allows for speedy resolution to the biological question of paternity, courts have, in some cases, been reluctant to let genetics dictate the answer to the legal question of paternity.

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

Everyone knows that custody and visitation are among the most contentious parts of many divorces. Parents are understandably motivated to secure as much time as possible with their children and fight hard to ensure they are granted authority to make decisions about how their children will be raised. Though this makes perfect sense, many wonder if the process could be simplified (and made much less stressful) by eliminating the fight over custody entirely.

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

Going through a divorce with kids can be incredibly difficult. Divorce is bad enough as it is, but the added stress of worrying how the divorce will impact your kids, the pain of creating new routines, of dividing parenting responsibilities and of creating a visitation arrangement that’s workable, is even harder. Given how difficult divorce with kids already is, it’s certainly not helpful for a judge to actively attempt to make the process even worse. This what appears to have happened recently in Kentucky, where one family court judge was recently reprimanded for treating divorced couples with children differently than those without.

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

If you’re a grandparent interested in maintaining a close relationship with your grandchildren, divorce might seem like bad news. Unfortunately, when some couples divorce, the amount of time the grandchildren are able to spend with the grandparents drops. The former son or daughter-in-law may not have an interest in dividing his or her time with the ex’s parents, meaning the opportunity for visits gets cut in half. In cases where the grandparents are estranged from their own child, limited visitation might become nonexistent.

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

Most people remember that the Supreme Court’s momentous decision last year in the Obergefell case made gay marriage legal across the country. Despite the important decision, issues surrounding gay marriage, such as gay divorce or gay parental rights, continue to receive intense scrutiny and are the subjects of divisive legal battles. Though the hope among many was that the Obergefell decision would lead to clarity, the ruling, while answering one question definitively, left many others remaining to be hashed out.

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

The New York Court of Appeals (the state’s highest court) will grapple with a tricky legal question that has become increasingly important in the family law world: what is a parent? The answer to the question will impact hundreds if not thousands of custody disputes involving same-sex parents who for years have waged battle without the kind of legal clarity that exists in cases involving opposite sex partners.

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.

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.