However, North Carolina courts often favor natural parents’ rights to care for their child. Despite unfortunate odds, grandparents often accept the challenge of protecting their custody and visitation rights by meeting certain conditions.
Grandparents can file for custody if they have clear and convincing proof that the parents are “unfit,” or cannot live up to their obligation of upholding the child’s best interests.
More than showing how they can improve their grandchild’s living standards, grandparents must still overcome the legal assumption awarded to the biological parents. They must prove any of the following to the court, showing how the parents:
Grandparents can also assert their rights to spend quality time with their grandchild if they can establish a continuing and substantial relationship between them. A possible way to demonstrate a solid relationship is if the child lived with their grandparents for a considerable time.
Further, if a visitation order already exists and grandparents believe there has been a significant change in circumstances, they can request a modification.
Claiming grandparents’ rights often requires proper timing and strategies for favorable outcomes. Thus, grandparents must not make the mistake of tackling visitation and custody issues alone. After all, these are crucial times when their grandchild needs them most. Having legal counsel ensures that their persistent efforts toward enjoying precious moments with their beloved grandchild do not go in vain.
]]>In North Carolina, child time-sharing can take various forms. Each of these caters to the unique needs and circumstances of the family. The primary types include:
Understanding these custody types helps you shape the best arrangement for the child’s journey ahead.
North Carolina courts consider several factors when determining child time-sharing arrangements:
It is important to note that child time-sharing laws can vary. It would be wise to consult with a legal professional to understand the specifics in North Carolina.
Post-separation parenting comes down to one thing: your child’s well-being. By exploring different time-sharing options and the factors that guide your decisions, you are building a nurturing foundation for their future.
]]>Now, this begs the question of whether North Carolina courts allow modifications on a supposedly final equitable distribution order. Unfortunately, the short answer is that the state’s courts generally err on the side of finality. Thus, it is imperative to clearly express your preferred terms to your legal counsel at the onset and consider how there may be no going back from it.
However, the slim chance of having your case re-opened depends on your unique circumstances, your counsel’s negotiating strategies and the judge’s discretion.
After listing which assets and liabilities fall under marital or separate properties, assessing their value in the market comes next. Once you’ve settled the terms, the trial court comprehensively considers relevant factors, such as the length of your marriage, tax implications, and both parties’ current and future earning potential, before arriving at a final decision.
But if you wish to fight for your equitable distribution claim, you must face the Court of Appeals. The appellate court then reviews the trial court’s factual findings leading them to their decision. Instead of evaluating new information, the appellate court may return the case to the trial court, if they think they have insufficient details to go on for a well-informed decision.
As you pursue this fight, you must know that the back-and-forth procedures could quickly drain you financially and emotionally.
As in all things, getting it right the first time is challenging. But in this context, your legal team can help make things as less time- and money-consuming as possible. More than you and your spouse, lengthening your already arduous divorce process through an equitable distribution appeal could also impact your child. You must then understand how your every move may directly compound your family’s emotional turmoil.
]]>It’s almost inevitable that your child will spend the bulk of their time with your co-parent. Relocation may mean that your child only sees you during breaks or weekends. The following are some options for out-of-state parenting that you might want to consider:
You and your co-parent can talk about utilizing one or a combination of these options. It’ll be a good idea to also talk openly about how you can visit your child on special occasions, such as their birthday, recital, game or graduation.
Given that your child will not be with you the majority of the time, the distance can make you feel left out. This is the time to take advantage of technology.
Because of video calls, many people in long-distance relationships can spend years apart from their loved ones without feeling lonely. You, too, can video call with your child to strengthen your relationship. As opposed to phone calls or texts, video apps like Skype or FaceTime allow you to see each other and show exactly what you’re doing.
These days, you can even find apps that let you watch movies or play games together online. And if your child needs help with homework, you can tutor them virtually. Consider experimenting with these options to mix things up.
Don’t let distance and time become barriers to your relationship. Despite the increased difficulty, your child will value any time they can spend with you.
]]>However, debts taken on during the marriage will typically also be part of the marital estate that can have a profound impact on the economic reality of each spouse post-divorce. Obviously, shared debts like credit cards and mortgages could be major points of contention. However, the biggest debts that people owe might actually be student loans.
Professionals with advanced degrees and those that go back to school to improve their earning potential often end their educations with tens or hundreds of thousands of dollars in student loan debt. Will someone’s student loans end up as part of the marital estate that they have to divide when they divorce?
Student loans will usually only have the name of the person attending an institution of higher education and possibly a co-borrower on the paperwork. However, at least some of the balance could potentially be marital debt that both spouses have a theoretical responsibility to repay.
What usually matters is when they took on those debts. Student loan debts accrued during the marriage are often part of the pool of marital assets and debts. Student loans taken on prior to marriage will typically remain the separate financial obligation of one spouse. If someone refinances the student loans during the marriage, the date they took on the original debt, not the origination date of the new loan, will be the primary determining factor regarding whether the debt is part of the marital estate or not.
Many people resent the idea that they might have partial responsibility for someone else’s education, especially if they will no longer benefit from that education. People can and often do reach amicable settlements regarding debts and property through direct negotiation during North Carolina divorces instead of waiting for a judge to rule on the matter.
Learning more about the property division standards in North Carolina divorces can help people better understand what to anticipate during the process. Seeking legal guidance proactively, therefore, is generally a very good idea.
]]>While separation, or an entire year of continuously living separately, is a requirement for either of you to file for divorce, abandonment is quite different. It gets tricky because you must establish how to separate without abandonment becoming an issue.
Under North Carolina law, abandonment is marital misconduct constituted by the following elements:
Sometimes, constructive abandonment applies. This kind of abandonment doesn’t necessarily require you to physically leave your marital home. This happens, for example, when you intentionally fail to provide adequate support to your spouse. But it may also occur if your spouse treats you with physical or mental cruelty, or there’s drug and alcohol abuse involvement, forcing you to flee your marital home.
Once you’re determined to leave and already found another residence somewhere else, you must ensure you have no intent on returning. Your spouse may also freely change locks preventing you from gaining access. You may just work out a system with your spouse if you need to retrieve your belongings from your marital residence. Further, it is crucial you’re aware that eventually returning to your marital home can result in criminal charges of domestic criminal trespass.
Since North Carolina is a no-fault state, abandonment may not directly hold weight to your divorce. However, it may have a profound impact on child support and custody issues. Depending on your family’s unique circumstances, leaving means you may also leave your family with nothing, which the court may eventually consider during divorce proceedings.
If you’re incredibly torn about whether to keep fighting for or leave your broken home, coupled with overwhelming emotional distress, know that whatever your current situation may be, a legal team can help you in protecting your parental rights, family and future.
]]>Depending on the circumstances, the court might order the supporting spouse to provide alimony to the other. Sometimes, it is necessary, especially when the dependent spouse has obligations at home that could keep them from seeking full-time employment. It usually begins after divorce, but alimony details could vary based on what the court considers appropriate.
The judge typically reviews the divorce details before determining whether alimony is necessary. They would consider the following factors before deciding to include it in the divorcing couple’s agreement:
Still, the judge could use other factors depending on the family’s situation. These considerations could include violence and signs of substance abuse by either party.
The court has no exact guidelines on how long alimony should last. The judge could determine a deadline based on the divorce’s facts. Then, they could indicate this timeline in the agreement when finalizing the divorce.
Still, some events could override the judge’s set schedule. Alimony typically ends when the dependent spouse remarries or receives support from a new spouse. Additionally, alimony payments stop immediately if either spouse dies.
When a couple ends their marriage, divorce provides a way to do so without leading either party to poverty. When couples disagree over alimony, the court could give them a proper setup based on evidence discussed during proceedings. Doing so could help both parties find independence and live fruitful lives after the divorce.
]]>Divorce is common, but it could be destructive to children’s welfare if not appropriately addressed by their parents. Local policies typically require couples to take co-parenting and divorce courses. They could help educate them on supporting their children during and after the divorce process.
However, children could still suffer despite these measures. Divorce could affect children in varying ways. They could exhibit behavioral and mental health issues, including the following:
These adverse effects could intensify and leave long-term damage to the child. Fortunately, parents could take action to address and minimize the divorce’s potential harm.
As parents, you and your ex are responsible for giving your child the help they need throughout the divorce. You could mitigate the damage by providing them with open communication and emotional support. Additionally, you could avoid exposing your child to divorce-related conflicts that could make them feel torn between you and your ex. Disagreements could also affect their sense of stability when they need it the most.
However, certain cases are too severe to manage alone, especially if you and your ex are stressed and overwhelmed. If so, you could seek support from family members and friends. When in doubt, you could also hire a mental health professional for guidance and valuable advice on how to help yourself and your child.
]]>Those who are close to the age of retirement, in particular, will want to carefully consider how ending their marriage could potentially change their retirement plans. There are multiple ways in which someone’s divorce could alter retirement plans, and the three challenges below are among the most common.
What someone has set aside for retirement could be only in their name and held in an account managed by their employer. They might assume they won’t have to share those savings when they divorce. However, the amounts that the worker and their employer contributed to their retirement savings during the marriage will probably be subject to division. The equitable distribution rules in North Carolina make even assets held in the name of one spouse part of the property division process in most cases.
One of the biggest mistakes that people make when handling retirement savings in a divorce is the decision to directly handle the transfer of funds or to liquidate retirement savings before someone is old enough to access them without penalty. Spouses can potentially eliminate the financial penalties and taxes triggered by the divorce-related division of their retirement savings by Drafting and properly following a qualified domestic relations order (QDRO).
It costs far more or two people to maintain separate households than it does for that same pair to share a home and all of its ongoing maintenance expenses. What people have set aside for retirement may not be enough when they need to use those funds for two people’s financial stability instead of one joint household.
Some people may need to change how they invest their retirement savings. Others may choose to alter their lifestyle plans during retirement or continue working for a few extra years so that they have more money set aside. Recognizing the damaging consequences of divorce on retirement finances and seeking legal guidance accordingly can help people to better plan for their happy future after divorce.
]]>It is a horrible feeling to pick up your child, only to have them be hostile or refuse to come with you. Because you do not know what happened, you may start to feel helpless. Your ex may be manipulating your child against you.
Parental alienation happens when a child rejects the targeted parent due to emotional manipulation by the other parent. Because the affected children begin to mimic the other parent in hating or rejecting the targeted parent, some specialists refer to it as parental brainwashing.
Parental alienation can be as subtle as interrupting your time with your child or appearing sad whenever you pick them up. Here are some other signs to look out for:
There are different motivations for parental alienation. An ex-spouse may simply be resentful of you and want to punish or extort money from you.
Moreover, divorce is emotionally exhausting, and sometimes a parent may come to rely on their child for emotional support. The child may feel obligated to keep offering support and start isolating themselves from the source of the emotional pain, the other parent.
If you are the targeted parent, the best course of action is to stay composed and avoid retaliating against your ex. Parental alienation is a form of child abuse. You may consider working with a therapist to help break down the barrier between you and your child or talk to a lawyer if you want to pursue legal action.
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