Child Custody

Third Party Custody

Published on: September 26, 2018 | 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 most people think of custody of children, they usually think of disputes between the biological parents. However, custody does not always have to involve a dispute between the parents. In certain circumstances, custody of a child might be awarded to someone other than a parent. This is called third-party custody. In order for custody of a child to be awarded to someone other than a parent, there are a variety of factors to examine to determine if third-party custody is appropriate.

Can My Ex-Spouse Take Our Children Out of State?

Published on: June 13, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What children’s expenses are not covered by child support?”

Divorce is difficult. You and your soon-to-be ex-spouse are thrust into figuring out marital assets, spousal or alimony payments, and often coming to child custody agreements. Parents want what is best for their children and tend to be sensitive to their children’s feelings and needs during a divorce. In some cases, one of the spouses might want to move out of state. In those instances, there are special considerations for the children involved, which depend on the custody arrangement and any restrictions set forth by the applicable statute.

Child Custody in North Carolina

Published on: May 16, 2018 | 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?”

Divorce can be confusing and difficult for all parties – the spouses, children, family, friends, etc. However, one of the biggest concerns spouses have when facing a divorce is the impact it will have on their children. In addition to impacting a child’s overall well-being, child custody arrangements must also be decided during divorce proceedings.

Pennsylvania Court Tackles Tricky Issue of Paternity

Published on: January 31, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” If I remarry, can they look at my new spouse’s income?”

You might think that determining paternity these days would be a fairly simple process. There is no longer a need for lengthy trials, witness testimony and a weighing of factors. A simple, fast, affordable genetic test can arrive at a definitive answer in record time. Though genetic testing allows for speedy resolution to the biological question of paternity, courts have, in some cases, been reluctant to let genetics dictate the answer to the legal question of paternity.

Chicago Finally Abolishes Dual-Track Family Law Court

Published on: October 11, 2017 | 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?”

Legal battles over custody and child support are miserable for everyone involved. They take time, money and create enormous amounts of stress given the importance of the subject matter: your kids. Though unpleasant, the process should at least be uniformly unpleasant, meaning that everyone suffers equally as these issues are resolved. In Chicago, an outdated court system meant that not all family law issues were handled the same way, putting some families in a better position than others. Thankfully, that two-track system has finally been abolished and all family law matters will be resolved by one unified domestic relations court.

Chicago Judge Tackles Problem of Incarcerated Divorce

Published on: September 13, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What is an Absolute Divorce?”

It is something that very few people give much thought to: divorce behind bars. Though it seldom makes it on to most people’s radar, it can present enormous problems. Getting divorced while incarcerated is difficult if not outright impossible in some instances. This can mean that many resign themselves to being trapped in bad marriages or stuck with unresolved custody issues, which can create hopelessness among those already struggling to hold onto dreams of their future.

New Jersey Supreme Court Breaks Precedent In Recent Ruling

Published on: August 23, 2017 | 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 it comes to custody issues during and after a divorce, it can be very hard for families to navigate the complexities of two parents, two homes and multiple opposing ideas of what is right. One of the most difficult custody issues to resolve is when one parent decides to relocate out-of-state, something that forces a court to upend the previously agreed to parenting plan.

Michigan Moves To Make Joint Custody Mandatory

Published on: June 21, 2017 | 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?”

Everyone knows that custody and visitation are among the most contentious parts of many divorces. Parents are understandably motivated to secure as much time as possible with their children and fight hard to ensure they are granted authority to make decisions about how their children will be raised. Though this makes perfect sense, many wonder if the process could be simplified (and made much less stressful) by eliminating the fight over custody entirely.

Change to Illinois Family Law Causes Concern

Published on: May 31, 2017 | 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?”

Family law is an aspect of our legal system that can sometimes seem immune to change. It can take years for the family law world to react to changes in society, and even longer for those changes to trickle down through the various states. One state that hasn’t changed its family laws in decades is Illinois. Legislators there have decided to finally tackle the outdated legal code and are in the midst of a multi-year overhaul.

Tennessee Judge Says Woman Has The Rights of a Husband

Published on: May 24, 2017 | 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?”

Though it’s gone smoothly in some places, other courts in more conservative states have had a bumpy road adapting to changed legal realities since the landmark same-sex marriage case decided by the Supreme Court in 2015. A good example of this is in Tennessee, where one same-sex couple has spent months and months fighting to get a divorce, something that has proven harder than many expected.