Child Custody

What is an Emergency Child Custody Order?

Published on: February 27, 2019 | 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?”

Determining child custody during a divorce can be a difficult process for every party involved. Tension might be filling the air and emotions are likely running high. Child custody orders are usually done in conjunction with both parties and looking out for the best interest of the child. However, there are instances in which an emergency child custody order might be entered. An emergency child custody order is a request by one party for immediate custody of the child that does not provide notice to the other party before the order is entered. Usually, emergency child custody orders are for the custody of minor children.

Three Major Issues in Family Law Cases

Published on: February 13, 2019 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “How will the judge divide our property?”

Every divorce and family law case is different because every family is different. There are different family dynamics, marital assets, and child custody disputes. While the specific facts of each case are different, there are commonalities among many family law divorce cases. The following are the three of the major issues that commonly arise in a divorce proceedings.

Child Testimony in North Carolina Divorce

Published on: February 6, 2019 | 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 parents do not want their children to become pawns in a divorce. However, emotions are often running high in divorce and even the best parents can become blind to their own behavior. In divorce proceedings, most states allow the testimony of the child and his or her preference on what the custody arrangement should be. North Carolina is one of those states.

Social Media and Your Divorce

Published on: January 30, 2019 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Should I delete old posts or censor new posts while going through a divorce?”

Divorce is difficult. Suddenly, two people who have spent a portion of their lives, regardless of how long or short of a time, together are deciding to end their marriage and separate. Due to the personal nature of divorce, conflict and emotions can run high. It can be difficult to split up assets, reach a custody agreement, and come to a mutual decision on the best division of property. Each side wants what they want and will present evidence to help them get it. One type of evidence that is commonly used in divorce proceedings that you might not expect is social media posts. Social media can have a negative impact on your divorce. The following are some guidelines to social media to consider during divorce proceedings in North Carolina.

Custody Mediation in North Carolina

Published on: January 2, 2019 | 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?”

One of the most difficult parts of the divorce and separation process is coming to a custody agreement. It is important to look out for the best interests of the child, but also take into consideration the parents’ feelings and ability to care for the child. As such, there are policies and procedures in place in North Carolina to make sure that child custody agreements are made in the best interest of the child by reducing conflict between the parents. Court can be stressful for all parties involved, especially children, mediation is an alternative way for parties to reach an agreement and avoid the stress of trial.

Handling Parental Duties During the Holidays Following a Divorce

Published on: December 19, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Can any attorney help me with my family law needs in North Carolina?”

The holidays are meant to be a happy time, filled with family and friends. However, parents that have recently divorced might be struggling to figure out how to handle their parental duties and still provide the loving, happy, and special environment that their children are accustomed to during the holidays. Even with the best intentions, though, divorced parents can find it difficult to put aside their personal feelings. The holidays might bring about more trips and “exchanges” of children between the parents, leading to higher tensions and more conflict. The best way for parents to keep the holiday special for their children is to put a plan in place to help them navigate this time and stay organized.

Does Bad Weather Affect Custody Exchanges?

Published on: November 14, 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?”

You have made it through your divorce. Everything has been settled and agreed upon – the distribution of shared items, property, and the custody agreement between you and your ex-spouse. Everything is seemingly “perfect” and everyone knows exactly what is expected of them. While this period of certainty is usually well-deserved, do not let it lull you into a false sense of security. There are still issues that can arise in a child custody agreement. One of those issues is weather.

Interference with Child Custody in North Carolina

Published on: October 31, 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?”

Divorces can be messy. Suddenly two people are splitting their assets and lives into two, from what used to be a marriage. Divorce does not only affect the couple getting divorced, however. Oftentimes there are children to be considered. Most parents want what is best for their children, this includes wanting what is best for them in divorce. Custody agreements detail what exactly the arrangement will be between the two parents who will be co-parenting the child.

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.

The Impact of Adultery on Divorce

Published on: June 20, 2018 | On behalf of Arnold & Smith, PLLC

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

The act of adultery of one or both spouses is one of the biggest reasons that couples get divorced. North Carolina is a no-fault state in regards to divorce. This means that the spouse who files for divorce is not required to prove that the other spouse is at fault for the divorce. In some states, adultery is one of the “faults” that a spouse can cite as a reason for divorce. This is not true in North Carolina. Nevertheless, adultery can have an impact on a divorce. Alimony payments, child custody, and property distribution can all be affected by adultery.