Child Custody

Charlotte Dads Feeling the Same Pressure as Moms when it Comes to Family Obligations

Published on: June 25, 2010 | On behalf of Arnold & Smith, PLLC

This year, Father’s Day marked a new milestone for fathers across the country: they are becoming just as stressed as mothers. Last week, Boston College released a study called “The New Dad,” which suggested that new fathers are facing a subtle bias in the workplace that fails to recognize their new family responsibilities and obligations. This workplace bias assumes that mothers, rather than fathers, will be most affected by the addition of children to the family.

However, this research highlights the new challenges facing fathers: they must navigate a workplace that is typically reluctant to give them time off for family reasons. Several studies show that men, compared with their female colleagues, are less likely to take advantage of benefits like flexible schedules and family leave. The Boston College study found that when men needed to take their children to the doctor or pick them up from daycare, they tended to do so in a stealthy fashion rather than ask for a more flexible work arrangement.

Thus, fathers are now facing a social dilemma that is more often faced by mothers – finding the balance between being a good parent and a good worker. Fathers also seem more unhappy than mothers with the balancing act: In dual-income families, 59 percent of fathers report some level of “work-life conflict,” compared with about 45 percent of women, according to a 2008 report from The Families and Work Institute in New York.

Tough Child Custody Decisions: What Happens to the Children?

Published on: June 15, 2010 | On behalf of Arnold & Smith, PLLC

A judge in Charlotte will soon have to decide the fate of two siblings who recently witnessed their father murder the rest of their family in their home. Charlotte-Mecklenburg Police report that the father of the children, Kenny Chapman, suffocated his wife and their 1-year-old daughter, then stabbed his wife’s daughter from a previous relationship. Chapman’s surviving 11-year-old daughter claims that he spared her and her 2-year-old brother because they were his first-born of each sex, and therefore they were special. The surviving children lived in the home for two weeks after the murders, and the daughter did not contact any relatives or act distraught, in an effort to avoid the same fate at her father’s hands.

The two children had the same father, but different mothers, which is complicating their case. The paternal grandparents want to be awarded custody of both children, but the maternal grandmother only wants custody of the boy, as she believes that she has a significant connection to him, and she is of no relation to the girl. Due to everything the children have endured together, the paternal grandparents believe that the children belong together. If the children are separated, the grandparents hope that arrangements can be made for them to see one another on a regular basis.

Divorce Predictor #6: You have a daughter.

Published on: May 7, 2010 | On behalf of Arnold & Smith, PLLC

If you have a daughter rather than a son, you are nearly 5 percent more likely to divorce, according to research conducted by the Council on Contemporary Families. This statistic also multiplies with each new birth in the family. Researchers theorize that this statistic exists because fathers tend to become more invested in family life when they have boys.

View and Print our Charlotte Divorce Lawyer Blog Family Law Newsletter – Spring 2010

Published on: March 15, 2010 | On behalf of Arnold & Smith, PLLC

In this issue of our Charlotte Divorce Lawyer Blog Family Law Newsletter, we take a look at post-divorce issues such as automatic child support payments and changing beneficiaries on insurance policies and accounts. We also take a look at how taking a lower paying job will not always reduce child support or alimony payments. Finally, since it is tax time, we address which parent is entitled to take the tax deduction for a child in a split custody arrangement.

Click here to view and print our Charlotte Divorce Lawyer Blog Family Law Newsletter – Spring 2010:

CHARLOTTE DIVORCE LAWYER BLOG FAMILY LAW NEWSLETTER SPRING 2010

In Child Abuse Matters, North Carolina Court of Appeals Considers the Responsible Individuals List

Published on: March 10, 2010 | On behalf of Arnold & Smith, PLLC

As reported by the Jacksonville Daily News (Judges Say Abuse List Challenge Not Good Enough), last week, the North Carolina Court of Appeals ruled unanimously that the state’s procedures in place for a person to challenge their addition to the “Responsible Individuals List” violates the state constitution by denying due process rights. In the future, those suspected by social services of child abuse must have the chance to defend themselves before they are placed on the list.

The Responsible Individuals List is kept by the North Carolina Department of Health and Human Services, which can provide information from the list to day care centers, adult care homes, or adoption agencies in order to evaluate whether a person is fit to be an adoptive parent or child card provider. The list is also designed to be a complement to other information, such as background checks, although it is not available to the public. Now, an individual under consideration for placement on the list must be given notice and an opportunity to be heard before being placed on the list.

The case at issue, In the Matter of: W.B.M, involved a man who was placed on the list after his county department of social services determined that sexual abuse allegations against him were verified. He challenged the constitutionality of the list after he discovered that he was placed on it. He has been on the list for three years, although he denies abusing his child and has never been charged with a crime. The case could potentially be appealed to the North Carolina Supreme Court.

Self Support Reserve Addressed in Child Support Calculation by North Carolina Court of Appeals

Published on: February 14, 2010 | On behalf of Arnold & Smith, PLLC

The North Carolina Child Support Guidelines provide for a self support reserve. Meaning that, for parents who have an income below a certain threshhold, the formula works differently. On the chart of incomes in the child support guidelines, those with incomes below that threshhold will fall into the “shaded area.” of the chart. Under the guidelines, absent a deviation, the lowest monthly child support obligation that a parent can have is $50 per month.

In the recently decided case of Allen vs. Allen, the North Carolina Court of Appeals addressed a number of issues. One of the issues addressed in this case was the proper application of the self support reserve. In this case, the mother was ordered by the trial court to contribute toward the children’s private school tuition.

Ultimately, the North Carolina Court of Appeals upheld the trial court’s ruling and held that, while the mother’s income did fall within the shaded area and child care and health insurance premiums are therefore not included in the calculation, the mother’s obligation for the children’s extraordinary expenses is unaffected by her low income.

International Adoption in the Wake of the Tragedy in Haiti

Published on: February 6, 2010 | On behalf of Arnold & Smith, PLLC

In the aftermath of the tragic earthquake that ravaged the nation of Haiti this month, many Americans are seeking information on how they can aid in the international adoption of many newly orphaned Haitian children. For more information on the adoption process in the wake of Haitian relief efforts, visit the US Department of State’s website.

Several hundred Haitian orphans have already been brought into the Unites States in conjunction with current relief efforts. At present, new adoption applications for Haitian orphans are not being processed. Because the Haitian government must identify and register children who were orphaned by the earthquake, more time is needed to make these determinations and subsequent identifications. Inter-country adoption cannot take place during the current emergency phase, as the Haitian government has legitimate concerns with protecting their children from illegal adoptions, abduction, and child-trafficking.

Several hundred US families who were already advancing in the adoption process before the earthquake are being allowed to complete their adoptions. Prior to the earthquake, the adoption process for Haitian children took over two years, but now it is unclear how long future adoptions will take.

Child Support Modification during this Recession

Published on: January 15, 2010 | On behalf of Arnold & Smith, PLLC

Although families are certainly feeling the impact of a recent downward turn in the economy, nationwide trends indicate that those parents who are paying child support are being hit the hardest. In most cases in North Carolina, child support is calculated using a formula. One of the most important variables in the calculation is the income of each of the parents. Because the amount of support a non-custodial parent is required to pay is usually based on his or her income, a nationwide 10% unemployment rate has made it a near impossibility for many supporting parents to meet their children’s needs.

In North Carolina, child support orders are never final. Child custody and child support orders can always be modified in the case of a substantial change in circumstances affecting the wellbeing of the child – this can include changes in the paying parent’s financial situation. Often, existing child support orders can be modified when a substantial change in circumstances has occurred that renders the non-custodial parent unable to continue to pay the original amount owed. If a parent voluntarily modifies his or her earning capacity, such as in the case of taking a lower paying job, courts are sometimes hesitant to modify child support obligations. However, in the case of a parent who finds his or herself suddenly unemployed and are seeking new employment in good faith, child support obligations can often be modified.

“Deadbeat Moms” in Charlotte, North Carolina? What can lawyers do?

Published on: December 11, 2009 | On behalf of Arnold & Smith, PLLC

As we have discussed here before (In the Battle of the Fit Parents, Breadwinning Moms are Losing Child Custody), more working mothers are losing custody of their children. With these bad economic times, it is reasonable to anticipate that more and more people, moms and dads alike, are falling behind in their child support payments.

The term “Deadbeat Dad” has been in common circulation for years, what about “Deadbeat Mom?”

While the label “Deadbeat” might be fun to throw around about the other parent, especially when a parent is in dire need of the past due child support and is angry, it is my view that most people want to do the right thing and want to take care of their children financially.

In the Battle of the Fit Parents, Breadwinning Moms are Losing Child Custody

Published on: November 23, 2009 | On behalf of Arnold & Smith, PLLC

A very common misconception regarding child custody stems from a real legal doctrine that was recognized by courts in the not-so-distant past: the tender years presumption. Under this judicial doctrine, a child of a “tender age” – typically, seven years old or younger – is presumed to need to stay in the custody of his or her mother, who is presumed to be the most fit parent to raise such an impressionable young child. Since 1994, there are no longer any states in the nation who recognize the tender years presumption; however, most states have replaced this standard with the primary caretaker presumption. The primary caretaker presumption relies on the assumption that whichever parent has been the primary caretaker before the divorce should be awarded custody of the child. This standard is presumed to be in accordance with the child’s best interest, as a custody award to a non-caretaker could be disruptive for the child. Child custody presumptions are favored by states as a preliminary method of informing parties about the likely outcome of the case, as the presumptions are only applied by the court when the custody battle is between two equally fit parents.

Seemingly, the primary caretaker standard feeds into the common misbelief that women are always awarded custody of their child over their deserving husbands’ protests. However, according to a recent study published in Working Mother Magazine, the custodial trend is shifting. In this difficult economy, men are experiencing a higher rate of layoffs – and subsequently, an increase in time spent as the primary child caregiver. Perhaps surprisingly, this study showed that fathers are awarded custody in court at least 50% of the time, a statistic that has doubled over the past decade. Although these statistics are certainly indicative of a much-needed increase in equality in custody determinations, the equally as fit parent who is not awarded custody of his or her child may wonder if the benefit of being the primary breadwinner outweighs the potential risk of losing primary custody.

Whether it comes as the result of shifting social views regarding equal parenting, or as the direct effect of an ill economy, we can certainly expect to see a continual increase in the number of men who are awarded primary or joint custody of their children.