Child Custody

What are My Parental Custody Rights?

Published on: August 17, 2022 | 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?”

The day your child is born is one of the happiest of your life. Now that you are a parent, everything has changed. You now care for and protect another human being and have many responsibilities. You also have some parental rights. In North Carolina, both parents are considered to share responsibilities for their children, and they both have rights. When you divorce, you must learn to share your child with your former spouse. It is helpful to understand your rights so you can make sure to have quality time with your child.

Making Shared Physical Custody Work

Published on: June 15, 2022 | 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?”

When parents divorce, their main concern is usually the welfare of their children. In North Carolina, both parents should generally share custody of their children. Shared physical custody allows both parents to spend quality time with their children on a regular basis. Parents who are able to put their differences aside can provide a stable and loving environment for their children after divorce. A divorce attorney will help you establish the type of custody arrangement that will work best for your family.

Emergency Child Custody in North Carolina

Published on: May 18, 2022 | 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?”

Your child’s health and welfare are likely your biggest concern. When a child is in danger it is essential to take immediate action. When a child is in danger, you may file for emergency child custody. Emergency child custody is a request through the court system. The courts take child endangerment seriously and therefore they have a process in place to protect a child from harm. If you believe that the child is in danger you may file for emergency child custody. A child custody attorney will assist you with the request and will guide the process to protect the minor from any potential harm.

What are the Rights of Unmarried Parents?

Published on: May 11, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How is the amount of child support decided in North Carolina?”

The family dynamic has been changing over the last several decades. Today it is much more acceptable to give birth to children out of wedlock. According to the Centers for Disease Control and Prevention, CDC, approximately 40.5% of all live births in the United States in 2020 were to unmarried women. While there are many children born to single parents, there are many issues that may arise in regards to child care, custody, support, and visitation. Both parents need to understand their obligations, responsibilities and rights when it comes to their biological children.

What is Parental Kidnapping?

Published on: March 23, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” I’m considering separating from my spouse; what actions should I refrain from doing?”

As a parent, you want to do everything you can to protect your child and keep them safe from all types of harm. Parents keep watch over their children in all circumstances to ensure their safety. The word “kidnapping” brings terrifying thoughts of a child being torn away from a parent without hope of reuniting. While kidnapping by a stranger can happen, it is a rare occurrence. The most frequent type of child kidnapping happens when a non-custodial parent takes the child or refuses to return a child after visitation. Parental kidnapping is a serious concern for many parents. When a parent takes their own child away from a custodial parent, the situation can best be described as parental kidnapping.

Parenting Time in North Carolina

Published on: March 9, 2022 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Can I keep my Kids from seeing the other parent?”

One of the most difficult parts of a divorce is having to spend time away from your children. Divorce can make life difficult for everyone. The key to a successful transition is to resolve matters regarding parenting time so that both parents get to have regular time with their children. When you establish a new schedule, kids will often quickly adapt and will get used to their new normal. Both parents should make an attempt to come to an agreement regarding parenting time and other key decisions regarding their children. An experienced divorce attorney will help you create a parenting plan that works.

Can I Relocate With My Child?

Published on: December 15, 2021 | 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?”

Parenting following a divorce can be complicated. While both parents may share legal custody of their children, they usually live primarily with one parent. The non-custodial parent usually has visitation with their children on a regular basis. Most often, children live relatively close to both parents, so visitation is not an issue. However, what happens when a parent with primary residential custody wants to move away? There are many factors that can come up when a parent wants to move with a child. A knowledgeable family law attorney will assist you and provide guidance for handling a move with a child following divorce.

Can I Get an Emergency Child Custody Order?

Published on: November 24, 2021 | 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?”

Divorce is never easy, but when you have children, divorce can be much more complicated. There are many issues that involve the kids, and parents must work to resolve them as best they can. Of all the many matters that pertain to children in divorce, one of the most important and the most urgent is the issue of where the children will reside. Usually, children will remain with one parent while parents work out the divorce. This is generally an acceptable solution for the short-term. However, there are some instances in which a parent may want to make sure that they obtain an immediate custody order. This is called an emergency child custody order or an ex-parte request.