Divorce

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.

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.

Things to Consider During Separation or Divorce in North Carolina

Published on: December 12, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” I’m not getting along with my husband. We’ve been married two weeks and it was a mistake. Can’t I just get an annulment?”

The process of getting a divorce in North Carolina can be confusing. Not only are the rules complicated, but you are also likely wrestling internally with some heavy emotions and transitioning to a new chapter of your life. No two divorces are identical, but if you are considering separating from you spouse, there are some important things you must consider first.

How do I Collect Owed Child Support in North Carolina?

Published on: December 5, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Who pays for the children’s health insurance and co-pays?”

Adjusting to life with children after divorce can be difficult. Suddenly, after having spent the past years or months with a spouse sharing the responsibilities of parenthood, you are suddenly left caring for your children alone. One of the biggest changes after divorce is the family’s finances. Instead of the income of two parents supporting one household, there is now only one income. In North Carolina, child support payments are often ordered in divorce and child custody agreements to ensure that the children have the resources to be cared for, regardless of the marital status of the parents. While child support is an option, sometimes it is difficult to collect the child support owed. There are different ways that child support orders can be enforced.

Financial Issues Unmarried Couples Need to Consider

Published on: November 28, 2018 | 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?”

We have all heard the fairytales – boy meets girl, boy and girl fall in love, boy and girl get married, boy and girl live happily ever after. Life is not a fairytale, and more and more couples are choosing to postpone marriage and instead live together as if they were a married couple – sharing financial responsibility, purchasing a home together, etc. There is nothing wrong with postponing marriage, but there are some financial considerations that couples must think about to avoid problems in the future. When unmarried couples do not have defined financial plans, or responsibilities, it can often result in financial harm.

Grandparents’ Rights in North Carolina

Published on: November 7, 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?”

In the midst of a divorce, the focus is on which parent will be awarded custody of the children. What most people do not know, though, is that there are other options in a custody battle beyond the biological parents. In North Carolina, there are various statutes that can award a grandparent custody or visitation. Grandparents play a special role in a child’s life. While there may be options for grandparents to seek custody and visitation, it is by no means a guarantee that the grandparent will receive the custody or visitation. Instead, the statutes are merely a means to get into the court system to ask for visitation. The statutes do not entitle a grandparent to court ordered custody or visitation.

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.

Common Questions of Domestic Violence Victims

Published on: October 24, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: ” I’m not getting along with my husband. We’ve been married two weeks and it was a mistake. Can’t I just get an annulment?”

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.