Child Custody

Tennessee Legislators Prepare For Legal Battle Over Same Sex Divorce

Published on: September 15, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

Most people remember that the Supreme Court’s momentous decision last year in the Obergefell case made gay marriage legal across the country. Despite the important decision, issues surrounding gay marriage, such as gay divorce or gay parental rights, continue to receive intense scrutiny and are the subjects of divisive legal battles. Though the hope among many was that the Obergefell decision would lead to clarity, the ruling, while answering one question definitively, left many others remaining to be hashed out.

New Shared Parenting Law In Missouri Forbids Courts From Presuming Mothers Are More Fit Caregivers

Published on: September 8, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

A new “shared parenting” law in Missouri has further chipped away at the age-old assumption that the mother is the most fit primary caregiver in custody disputes: judges are now forbidden to base custody decisions on the gender of either parent. The state’s courts are also now required to develop statewide guidelines that will maximize the amount of time the child or children may spend with each parent.

Chris Brown Receives Decisive Win in Custody Battle Over Daughter Royalty

Published on: August 25, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

Love him or hate him, Chris Brown has reportedly won another round in his ongoing custody dispute with ex Nia Guzman concerning their two-year-old daughter Royalty.

Paternity in North Carolina

Published on: July 19, 2016 | On behalf of Arnold & Smith, PLLC

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

When it comes to paternity, the law in North Carolina has been designed to favor married couples. Married couples benefit because when a child is born to a married couple, the husband and wife are automatically viewed as being legal parents of the child. This can be a great thing in that it immediately bestows important rights and responsibilities on the couple, saving the hassle of having to establish paternity. The problem is that this can work against some couples, specifically, those where the child born during the marriage is not the biological child of the husband. In these cases, the father will have to fight a rather long battle to have the presumption of paternity reversed. To learn more about paternity and how it can prove problematic in certain custody/child support cases, keep reading.

Judge Issues Custody Order Barring Golf Practice

Published on: June 28, 2016 | On behalf of Arnold & Smith, PLLC

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

As anyone who has ever been through a divorce with children knows, custody is almost always the thorniest issue to be resolved. Though it can be difficult to reach agreement with a spouse privately, it is often better to try this rather than hand your case over to a judge to decide. A recent custody decision out of Virginia illustrates this point well, with the judge handing down what many view as a bizarre order which says that the girl at the center of the custody dispute is prohibited from practicing or playing golf.

One Year After Obergefell, Challenges Remain

Published on: June 16, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

It’s just passed the one-year anniversary of the Supreme Court ruling in the landmark Obergefell case. In that case, the Court announced that same-sex marriage bans were unconstitutional, forcing courts around the country to begin allowing same-sex marriages. Today, the courts are still grappling with how to do that, especially given confusing and sometimes contradictory state legislation.

Bill O’Reilly Suing Ex-Wife for $10 Million; Claims Manipulation of Separation Agreement, Cheating

Published on: May 26, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Does adultery affect my divorce case?”

If you pay off your neutral custody arbitrator, allegedly manipulate police into investigating your ex-wife’s new beau, and try to get your ex-wife kicked out of the Catholic Church but still don’t get the custody arrangement you want…sue your ex for $10 million for manipulating you? This seems to be Bill O’Reilly’s train of thought as of late.

Tennessee Judge Hears International Custody Dispute

Published on: April 19, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How does custody work if one parent moves internationally?”

A federal judge in Knoxville, TN recently found himself grappling with a case unlike any other he had encountered previously. The judge was forced to decide whether an international custody dispute would be decided by an American or Mexican family court. In the end, the judge decided that Mexico ought to resolve the matter, turning the page on one chapter of a more than three-year-old custody fight.

Florida Moves Closer To Custody Equality

Published on: March 17, 2016 | On behalf of Arnold & Smith, PLLC

Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can I do to gain custody of my child in North Carolina?”

Custody is often among the most contentious aspects of a divorce proceeding and understandably so. Though property division can be acrimonious, nothing is as emotionally draining as the thought of dividing up time with your children. Typically, both parties are eager to spend as much time as possible with the kids, something that invariably leads to conflict.

Parental Alienation Syndrome

Published on: March 8, 2016 | On behalf of Arnold & Smith, PLLC

Matthew R. Arnold of Arnold & Smith, PLLC answers the question “What can I do to gain custody of my child in North Carolina?”

The Tsimhoni family is back in the news again this month as the parents’ custody war wages onwards. Their case made international headlines last year when a Michigan judge found the parents’ three children, ages 9, 11 and 14, in contempt for not following her court order to have lunch with their estranged father. The judge then sent the three children to a juvenile detention facility and ordered them to attend an intensive “parental alienation program.”