Articles Tagged with Child Custody

9-1What You Need to Know About Divorce in North Carolina

The divorce rates have been decreasing, but there is still a significant number of marriages that will end. Although divorce is not easy, it may be the best solution for some families. Divorce does not have to be overly stressful. If you can review the many issues that will be part of a divorce settlement, you can prepare for a more amicable resolution. Understanding divorce settlement issues will help you better work through these important issues. A knowledgeable North Carolina divorce attorney will help you navigate the divorce process.

Divorce From Bed and Board

7-300x225Tips 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

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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.

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Board Certified Family Law Specialist Matt Arnold answers the question: “How should I prepare if I intend to file for divorce in the near future?”

What is a Collaborative Divorce?

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Parents are responsible for providing for the financial needs of their children, regardless of their marital status. When a couple ends their marriage, the judge reviews the details of the case and will determine the child support obligation necessary. Generally, the non-custodial parent will pay child support to ensure proper care of their child. After a child support order is in place, it is up to the parent to follow the law and make payments accordingly. If payments are not made, the parent could face serious consequences. However, there are some reasons why a modification to child support may be warranted.

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.

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.

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.

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.

Board Certified Family Law Specialist Matt Arnold answers the question: “What children’s expenses are covered by child support?”

When parents divorce, they are generally both responsible for providing care for their children. Both parents have rights and responsibilities for their children until they become adults. There are a number of criteria that are used to calculate the amount of child support that each parent is to provide. North Carolina uses guidelines that calculate the amount of payments that parents must pay towards their child’s care. A helpful worksheet on the North Carolina Division of Social Services Child Support Services website can give you a better understanding of how calculations will be made.

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