Category: Family Law

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

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?

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

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

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?

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.

Continue reading “Can I Prevent My Spouse From Seeing the Children During a Divorce?”

How Do Prenuptial and Postnuptial Agreements Affect Divorce?

How Do Prenuptial and Postnuptial Agreements Affect Divorce?

While many people associate prenuptial agreements with the very wealthy, they can actually benefit couples at all levels of income and debt. In fact, at Myers Law Firm, we encourage all couples to consider signing one before they marry. 

Keep reading to learn more about how prenuptial and postnuptial agreements work in North Carolina as well as how they affect divorce cases.  Continue reading “How Do Prenuptial and Postnuptial Agreements Affect Divorce?”

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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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What’s Yours and What’s Ours: Property Division in North Carolina

No one gets married expecting to later divorce, which means that they usually don’t give much thought to who owns what property in the marriage unless a divorce becomes inevitable. When the unfortunate happens and the prospect of separation begins to loom, the process of sorting out the tangle of shared property can suddenly seem frustrating and even overwhelming.

In these situations, learning about the legal principles courts use to divide marital property during a divorce can clear up some of the confusion and help you understand what to expect. To help, we’ve composed a quick guide to the legal logic behind property division during a divorce.

Continue reading “What’s Yours and What’s Ours: Property Division in North Carolina”

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What North Carolina Same-Sex Couples Need to Know About Family Law

Last June, the Supreme Court legalized same-sex marriage in all 50 states in the landmark Obergefell v. Hodges decision. While gay couples in North Carolina had already won their right to marry after the 2014 U.S. District Court ruling in General Synod of the United Church of Christ v. Cooper, the decision in Obergefell still made a massive impact in our state and everywhere else — same-sex couples can now marry anytime, anywhere, and in any state without worrying that their marriage won’t be recognized elsewhere due to differing state laws regarding gay marriage.

While Obergefell stripped away the complicated patchwork of state statutes on same-sex marriage, it has created a whole new host of legal concerns for same-sex couples, especially those who marry and then later decide to divorce. Since a full legal marriage has only been an option for gay couples in North Carolina for about two years (and less in some other states), these couples may not have had time to familiarize themselves with some of the family law issues that now apply to them.

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