custody disputes

What is a High-Conflict Divorce?

Published on: July 24, 2024 | On behalf of Arnold & Smith, PLLC

What is a High-Conflict Divorce?

In North Carolina, as in other states, married couples may request a divorce based on irreconcilable differences. No other grounds for divorce generally apply to those who seek to end their marriages in North Carolina. Sometimes, couples are engaged in a contentious divorce. This is also sometimes called a high-conflict divorce. It happens when couples are having more difficulty than usual coming to an agreement regarding the terms of a divorce settlement.

https://youtu.be/j6RI3gGwm8I

What is a Parenting Coordinator?

Published on: July 17, 2024 | On behalf of Arnold & Smith, PLLC

What is a Parenting Coordinator?

Going through a divorce when you have children can cause a number of conflicts to arise between parents. Parents typically need to resolve the major issues concerning their kids, such as primary residence, visitation, and sharing parenting responsibilities. In some cases, parents have difficulty trying to come to an agreement about co-parenting. That is not hard to understand because many parents have different parenting styles and expectations. In these instances, a parenting coordinator may be helpful in resolving parenting conflicts.

What is a Parenting Coordinator?

Understanding Primary and Secondary Custody in North Carolina

Published on: July 10, 2024 | On behalf of Arnold & Smith, PLLC

Understanding Primary and Secondary Custody in North Carolina

When parents divorce, they are both typically allowed to make legal decisions regarding their children. This is called legal custody. Physical custody is a little more complicated. North Carolina does not define joint custody or shared custody. One parent is given primary custody, while the other is given secondary custody. The child resides primarily with one parent, and the other parent has regular visits.

https://youtu.be/sVNdhPd_5I8

What is a 30-Day Waiver Divorce in North Carolina?

Published on: July 3, 2024 | On behalf of Arnold & Smith, PLLC

What is a 30-Day Waiver Divorce in North Carolina?

When you decide to seek a divorce, you must follow the laws of North Carolina. A couple must live apart for a period of at least a year with the intent to end their marriage. Once the year is over, you may proceed with an absolute divorce. An absolute divorce simply means that the marriage will be over and you will be free to move on.

30-Day Waiting Period

What is a Guardian Ad Litem?

Published on: January 23, 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?”

Divorce can be a difficult process that is made even more difficult when children are added into the mix. It is important for parents to look out for the best interests of their child, but sometimes the best interests of the child can get pushed to the wayside in the middle of a heated custody battle. This is where the North Carolina Guardian ad Litem (GAL) program comes into the picture. The GAL program is meant to “serve the best interests of thousands of children by assigning them guardian ad Litem volunteers.” The GAL program is in every county throughout North Carolina and strives to give each child a voice and the attention they need in the midst of a court case. A GAL can be used in other court cases besides divorce and custody disputes, but the focus of this discussion will be in custody agreements.

Things to Keep in Mind Before Going to Court for Custody

Published on: October 17, 2018 | 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?”

Going through a divorce can be difficult. Not only are you separating from the person with whom you once thought you would spend your life, but you are faced with the difficult task of dividing up all of your worldly possessions. As hard as divorce is on the couple, it is much worse when children are part of the question. Some couples will try to solve custody disputes outside of the courtroom in an effort to make this process as easy as possible for their children. However, the world is not perfect and not every set of parents can come to an amicable agreement, or even just an agreement, outside of the courtroom. There is a formal process, rules, and regulations that govern child custody disputes. Outside of these legal rules, however, it is important to keep a few other things in mind for child custody.

Critics Call On Chinese Courts To Tackle Child Snatching Problem in Custody Disputes

Published on: January 5, 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?”

Custody issues are among the thorniest for couples in the midst of a divorce. Though there can certainly be fights over money and dividing personal property, when it comes to the kids it can be vastly more challenging to reach compromise. This is why family law judges so often intervene in custody disputes, acting as a neutral third party with an eye towards the best interest of the child. Though the system is far from perfect, with parents routinely arguing that one or the other wasn’t treated fairly or should have received more visitation, it generally serves its purpose of looking out for children and fairly allocating custody and visitation among parents.

The Service (of Process) Issue: Divorce in Military Families

Published on: August 2, 2016 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What does uncontested divorce mean?”

Divorce can be a complicated affair for any family, but for military families, the matter can be even more complex. It should go without saying that military families in general face unique challenges that civilian families do not; deployment and placement elsewhere on duty means that military parents and their children must grow used to being away from each other for extended periods of time. However, no matter how accustomed to physical separation a military family may grow out of necessity, many are not prepared for the more permanent fissure of divorce.

Courts Faced With Deciding What It Means To Be A Parent

Published on: June 2, 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?”

The New York Court of Appeals (the state’s highest court) will grapple with a tricky legal question that has become increasingly important in the family law world: what is a parent? The answer to the question will impact hundreds if not thousands of custody disputes involving same-sex parents who for years have waged battle without the kind of legal clarity that exists in cases involving opposite sex partners.

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.”