Category: Family Law

taking out-of-state ex to court

Can I Take My Ex to Court for Custody Issues in North Carolina if They Live in a Different State?

These days, families are more complex than ever. When couples separate, it’s not uncommon for ex-spouses to live in different states. This gets complicated, however, when there are children and child custody issues involved. And when separated parents have different ideas about where the kids should live, the relationship and legal issues can get even more difficult.

As much as we’d like to believe that most problems can be worked out through honest communication, there are times when the only way to hold an ex accountable is through legal action. However, when conflicts cross state lines, taking your ex to family court becomes complicated, especially with kids involved. To learn more about taking your ex to court in North Carolina if they live in a different state, keep reading.

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difference between separation agreement and consent order 

Understand the Difference Between a Separation Agreement and a Consent Order

If your marriage is deteriorating, you may be looking for ways to start the separation process. If you’re struggling to figure out what to do, you might not realize that you have options other than immediately going to court to fight things out.

In this blog, we’ll review two legal options that are available to separating couples as alternatives to a court battle: separation agreements and consent orders.

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child’s best interests

How Do Courts Decide What’s in a Child’s Best Interests?

When courts issue a child custody order, they must consider which services and parenting arrangement best serve the child’s unique needs. This isn’t a simple, cut-and-dry process. Because custody decisions can profoundly affect a child’s physical and emotional wellbeing, courts weigh a variety of factors and might even call in specially trained experts.

In this blog, the child custody attorneys at Myers Law Firm will outline some of the factors that go into determining what is in the child’s best interests in North Carolina.

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what to do about parental alienation

What Can I Do About Parental Alienation?

When parents separate or divorce, children are forced to adjust in multiple ways. No matter how parents feel about each other, it’s critical that children continue to feel loved and secure, which requires a level of compromise and joint effort between the parents.

Unfortunately, not all parents put their child’s interests first during a divorce. Sometimes, one parent engages in manipulation that undermines and damages the other parent’s relationship with the child. This type of relationship damage is called parental alienation, and it can lead to grief and emotional anguish, not to mention concern for the children’s wellbeing and sense of security.

In this blog article, we’ll explore parental alienation and help you identify it sooner rather than later. We’ll also discuss what to do about parental alienation and provide advice about how to address the problem.

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child support north carolina

Common North Carolina Child Support Issues and How to Resolve Them

Navigating child support issues with your ex is rarely easy. And even when separated parents prioritize their children and minimize unnecessary conflict, child support cases can still get contentious. Common sticking points include insufficient payments, confusion around what to do when the non-custodial parent’s situation changes, or what happens if the other parent refuses to pay.

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north carolina attorney

What to Do When Your Spouse Serves Divorce Papers

If you’ve been served with divorce papers, you may be feeling upset or even overwhelmed. However, understanding some of the initial steps that you’ll need to take may help you clear your thoughts and plan for what’s ahead of you. In this article, we’ll explain what you should do in the days and weeks after you’ve been notified of divorce proceedings.

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joint custody vs shared custody

What’s the Difference Between Joint Custody and Shared Custody?

In divorces where children are involved, the custody arrangement can be one of the hardest matters to settle. If both parents want to remain involved in a child’s life and the court has no important reasons to keep either parent away, then you can expect that your custody arrangement will involve joint physical and legal custody.

But what about shared custody? Many people use the terms joint custody and shared custody without knowing exactly what these terms mean. If you’re facing a custody decision in a North Carolina divorce and you want to make the best possible arrangement for your child, then you’ll need to understand the differences.

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signing a prenup

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

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?

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?

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?”