Category: Family Law

signing a prenup

I’m Already Married — Can I Still Sign a Prenup in North Carolina?

Posted by Myers Law Firm on

Contrary to popular belief, premarital and postmarital agreements (which most non-lawyers call prenuptial and postnuptial agreements or “prenups” and “postnups” for short) aren’t just tools for the wealthy and frequently divorced. Signing a prenuptial or postnuptial agreement can help a couple protect their individual assets and clarify expectations before and during the marriage. Prenups and postnups can also control what happens in case a couple separates and eventually divorces.

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Same-Sex Divorce North Carolina

Are Same-Sex Divorces Really the Same in North Carolina?

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Same-sex marriages have been legal in all 50 states for over four years. Unfortunately, having your same-sex marriage recognized as legal doesn’t always translate to receiving equal or fair treatment, and some same-sex couples are running into unique problems while seeking a divorce. The main point of contention: how to determine when the marriage began.

Same-sex marriages and domestic partnerships first started becoming legal at the turn of the 21st century but weren’t made universally legal in the United States until 2015. Many same-sex couples lived in domestic partnerships, cohabitating arrangements, or marriages that took place in other states before their state began recognizing and performing same-sex marriages.

While same-sex couples can and do get divorced, many are discovering that there are complications they didn’t foresee. Keep reading to learn more about some of the difficulties and considerations that same-sex couples may face during a divorce. Continue reading “Are Same-Sex Divorces Really the Same in North Carolina?” →

Child Custody Attorney

Can I Move Away With My Child During a Custody Case?

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Divorce is difficult on the entire family, but children are often affected the hardest. If you are a divorced or separated parent and are considering relocating with your child, you should know that you might not be allowed to move, especially if the court decides the relocation is not in the child’s best interest.

If you are moving a relatively short distance or the move will not affect the current custody arrangement, the move should not be an issue. However, to move your child out of the state or a considerable distance within the state, you will need either an agreement with the other parent or court approval. If you have questions about whether you need to get approval to move or if you need help convincing a court that you should be able to relocate with your child, you should speak with an experienced family law and child custody attorney.

In this article, we’ll highlight a few key custody terms and discuss how a court will determine whether a custodial parent can move with their child. Continue reading “Can I Move Away With My Child During a Custody Case?” →

If My Ex Owes Child Support, Can I Stop Them From Seeing Our Kids?

Posted by Matthew Myers on

Dealing with a parent who refuses to stay current on their child support can lead to plenty of anger and frustration. Sometimes, parents try to handle the problem by revoking visitation rights until the other parent pays the support they owe.

While it’s understandable to try and take any action you can to get the money your children need, preventing the other parent from seeing their children is almost always a bad idea. In this article, we’ll explain why and talk about what you can do instead. Continue reading “If My Ex Owes Child Support, Can I Stop Them From Seeing Our Kids?” →

How Should I Handle Visitation When My Child Doesn’t Want to Go?

How Should I Handle Visitation When My Child Doesn’t Want to Go?

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Watching your child leave for a visitation with the other parent can be gut-wrenching, especially if your child is acting like she doesn’t want to leave you. However, children can get upset at a visitation hand-off for many reasons. While you should always take your child’s safety and welfare seriously, it’s also important that you don’t act out of raw emotion and do something that could get you in a lot of trouble with the court.

Rather than trying to prevent the child from going with the other parent, the right way to address a serious concern is to work with an attorney and file a petition to modify your child custody order. However, before you take that step, it’s important to assess your child’s situation carefully. In this article, we’ll provide some guidelines you can use to do that. Continue reading “How Should I Handle Visitation When My Child Doesn’t Want to Go?” →

Yes, Your Facebook Posts Can Affect Your Divorce Case

Yes, Your Facebook Posts Can Affect Your Divorce Case

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Most people know that potential employers might check out their Facebook posts before a job interview, but they never consider that their spouse’s lawyer might go through their social media accounts for evidence during a divorce case. But that’s exactly what happens during contentious divorces, and if the wrong information comes out during a search of your Facebook posts or other social media content, it could seriously harm your divorce case. Continue reading “Yes, Your Facebook Posts Can Affect Your Divorce Case” →

Use These 5 Tips to Create a Parenting Plan That Works

Use These 5 Tips to Create a Parenting Plan That Works

Posted by Myers Law Firm on

Child custody cases in North Carolina don’t always have to go to court. Some parents settle child custody issues by working together in voluntary agreement to create a parenting plan. This plan establishes a schedule for time-sharing and explains both parents’ duties and responsibilities when it comes to raising the child or children.

While carefully-crafted parenting plans can make life easier and more peaceful for both parents and children, creating a good one can be hard work. A successful parenting plan needs to be detailed, thorough, and thoughtful. In this article, we’ll provide five tips for creating a parenting plan that serves your child’s best interests and stands the test of time. Continue reading “Use These 5 Tips to Create a Parenting Plan That Works” →

Can I Prevent My Spouse From Seeing the Children During a Divorce?

Can I Prevent My Spouse From Seeing the Children During a Divorce?

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As a parent, your child’s welfare is your top priority. If you’re going through a divorce and you’re worried that your child might be at risk of harm under the other parent’s supervision, you might want to shield your child from the other parent and get sole child custody on a temporary basis.

The laws that govern this type of situation can be confusing to parents, so we’ll try to clear them up for you. In this article, we’ll talk about how to get temporary or emergency custody of a child in North Carolina, and we’ll also discuss when sole custody is a long-term option.

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