Articles Tagged with Mecklenburg County

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

In the midst of a divorce, the focus is on which parent will be awarded custody of the children. What most people do not know, though, is that there are other options in a custody battle beyond the biological parents. In North Carolina, there are various statutes that can award a grandparent custody or visitation. Grandparents play a special role in a child’s life. While there may be options for grandparents to seek custody and visitation, it is by no means a guarantee that the grandparent will receive the custody or visitation. Instead, the statutes are merely a means to get into the court system to ask for visitation. The statutes do not entitle a grandparent to court ordered custody or visitation.

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Board Certified Family Law Specialist Matt Arnold answers the question: ” I’m not getting along with my husband. We’ve been married two weeks and it was a mistake. Can’t I just get an annulment?”

In today’s society, it is not unusual to hear about domestic violence happening within marriages. As unfortunate it is to hear these stories in the media, it is important for victims to find their voice and encourage other victims to tell their stories. For victims of domestic violence, one of the hardest things to do is leave their abusive spouse. Fortunately, divorce is an option. Domestic violence is a common cause of divorce in the United States. The following are common legal questions that domestic violence victims have.

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

Going through a divorce can be difficult. Not only are you separating from the person with whom you once thought you would spend your life, but you are faced with the difficult task of dividing up all of your worldly possessions. As hard as divorce is on the couple, it is much worse when children are part of the question. Some couples will try to solve custody disputes outside of the courtroom in an effort to make this process as easy as possible for their children. However, the world is not perfect and not every set of parents can come to an amicable agreement, or even just an agreement, outside of the courtroom. There is a formal process, rules, and regulations that govern child custody disputes. Outside of these legal rules, however, it is important to keep a few other things in mind for child custody.

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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?”

When most people think of custody of children, they usually think of disputes between the biological parents. However, custody does not always have to involve a dispute between the parents. In certain circumstances, custody of a child might be awarded to someone other than a parent. This is called third-party custody. In order for custody of a child to be awarded to someone other than a parent, there are a variety of factors to examine to determine if third-party custody is appropriate.

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

When thinking of adoption, most people think about a young child being adopted by a family that is going to take care of him or her for the rest of the child’s life. Not often does someone first imagine an adult is being adopted. Adoption does not have to be of someone under the age of 18. The number of adult adoptions that occur throughout the county each year is not available because that is not a statistic that is tracked nationally. Regardless of the statistics, it can be useful to know the basics of adult adoption.

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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.

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Board Certified Family Law Specialist Matt Arnold answers the question: ” Is there some property that the judge cannot divide?”

A couple has many things to think about when they are facing divorce, such as the effect the divorce will have on their children, how assets will be divided, and how much their lives are going to change once the divorce is finalized. However, another issue that couples facing  divorce must consider is the impact that a divorce could have on their individual income tax returns.

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Board Certified Family Law Specialist Matt Arnold answers the question: “What children’s expenses are not covered by child support?”

Divorce is difficult. You and your soon-to-be ex-spouse are thrust into figuring out marital assets, spousal or alimony payments, and often coming to child custody agreements. Parents want what is best for their children and tend to be sensitive to their children’s feelings and needs during a divorce. In some cases, one of the spouses might want to move out of state. In those instances, there are special considerations for the children involved, which depend on the custody arrangement and any restrictions set forth by the applicable statute.

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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?”

What is a mother? A father? A parent? Though these concepts have long avoided detailed examination by the courts, times are changing and specific definitions will need to be created or, in some cases, changed. As states continue to feel the impact of the Obergefell same-sex marriage case, they have found themselves increasingly drawn into disputes regarding what makes someone a parent, something that requires the courts to lay out a more precise and potentially different definition than in years past.

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Board Certified Family Law Specialist Matt Arnold answers the question: “How long does getting a divorce take?”

Normally, when we think of waiting periods and divorce, we are talking about the amount of time a couple has to wait before filing for divorce. In a number of states, these waiting periods exist to try and slow the process. Couples are often required to live separately for some period of time before either can file a divorce petition. Legislators say this time forces a couple to think twice (and maybe thrice) before finally pulling the trigger and moving ahead with a divorce. States have begun lowering these wait times, the goal being to further streamline the divorce process and get couples in and out of court faster.