Child Custody

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.”

Chicago Family Law Judge Helps Those Dealing With Divorce While Behind Bars

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

Matthew R. Arnold of Arnold & Smith, PLLC answers the question “Do I need an attorney to get a Divorce in North Carolina?”

It’s not something that many people think about, but those who have dealt with it before understand just how complicated family law cases can be when one parent is incarcerated. Family law issues, including divorce and child custody issues, are already difficult, but adding to the mix the fact that one parent is behind bars can make things exponentially more complex.

Do Stepparents Have to Pay Child Support?

Published on: February 9, 2016 | On behalf of Arnold & Smith, PLLC

Matthew R. Arnold of Arnold & Smith, PLLC answers the question “How is the amount of child support decided in North Carolina?”

We generally assume that the responsibility for supporting children financially falls squarely on the biological parents, either directly or through child support payments. Stepparents are seen as being in the clear, legally speaking, due to their lack of a blood relationship with the child. Though this is generally true, it is not always true, something that a recent case out of Pennsylvania demonstrated. To learn more about stepparents and their obligation to pay child support, keep reading.

Study highlights the benefits of co-parenting

Published on: January 19, 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?”

It’s a common refrain among those in unhappy marriages: staying together for the sake of the kids is the right thing to do. Though it’s noble that parents are willing to sacrifice for the sake of their children, it has become clear that the sacrifice is not only not necessary, but apparently not useful. A recent study by Swedish researchers indicates that children who are the products of divorced parents turn out just as well as those with married parents. In this case, the conventional wisdom that smiling through a bad marriage is good for the kids appears not to be true.

How to determine jurisdiction in a multistate custody dispute

Published on: January 5, 2016 | On behalf of Arnold & Smith, PLLC

Matt Arnold of Arnold & Smith, PLLC answers the question “What are my custody rights if the other parent moves?”

The country today is a very different place than it was several decades ago. People are far more mobile, thanks to improved transportation and technology. As a result, jobs move frequently and relocations, which might have only been across town, can now involve moving thousands of miles across the country. If that happens and a custody dispute occurs between parents spread across two different states, how do you decide which state hears the case? To find out more about resolving jurisdictional disputes, keep reading.

Rights of Stepparents in Custody Disputes

Published on: October 13, 2015 | 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?”

When we think of custody disputes we normally think of fights between divorcing parents, sometimes grandparents. Though these do represent the vast majority of cases, as blended families are increasingly common, it is not unusual for a custody case to involve stepparents. These cases can be emotional given the close family ties and complex given the legal requirements. Keep reading to find out more about stepparent rights in a custody dispute.