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April 2018 Archives

What can House Bill 505 mean for grandparents’ visitation rights?

Under North Carolina law, a grandparent’s ability to visit their grandchildren is typically at the discretion of the parents. If a parent denies grandparent visitation, a grandparent can only gain visitation rights by filing a parallel motion to get child custody—and proving that the parents are to unsuitable fulfill their parental duties. However, if the parents are deemed fit but refuse—for whatever reason—to allow the grandparents to have a relationship with their grandchildren, the grandparents have no legal recourse.

Core considerations in drafting a separation agreement

In order to get an absolute divorce in North Carolina, you and your spouse must be separated for at least one year. In the eyes of the law, legal separation commences on the day that both members of the couple take up separate residences. Once the separation requirement has been fulfilled, the couple may proceed with the divorce proceedings.

Can a grandparent take custody of a grandchild in North Carolina?

In the state of North Carolina, the court has an interest in allowing parents to maintain custody of their children whenever possible. However, if parents are unable--or unwilling--to provide a safe, nurturing environment for a child, the court may consider other options.

How North Carolina calculates child support

Like most other states, North Carolina calculates child support based on a set of standard guidelines. The guidelines spell out how parents will share the cost of raising their children when they no longer live together. This means the guidelines apply equally to parents who separate or divorce and those who were never married in the first place.


"As a dad in a child custody case, I was very scared that I would not get enough parenting time with my young daughter. But, these two attorneys believed in me and helped me get a 50/50 week on/off schedule from the Judge for my daughter. Their hard work and determination blew me away, and I am forever grateful." -F.

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Lancaster and St. Louis, PLLC
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