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In Pulliam v. Smith, 348 N.C. 616, 501 S.E.2d 898 (1998), the North Carolina Supreme Court held that the homosexual parent is entitled to the same consideration as the heterosexual parent in decisions on custody and visitation. A parent’s homosexuality by itself should not be an issue unless it can be demonstrated that the child will […]

I get asked this question all the time by men trying to figure out whether or not the judge is going to give their wife preferred treatment in a child custody trial and my answer is sometimes but not for the reason you think. The judges in our area are not pro mom at least […]

If you have been laid off from your job or you have changed jobs and you now make less than you did when your child support payments were set, you may be able to ask the court to lower your payments. In N.C. child support payments can always be changed regardless of whether you are paying under […]

Divorcing a member of the military is very different from a regular divorce. If you are filing for divorce and your spouse is in the military getting your spouse served with the divorce complaint will be one of the first hurdles. The base where your spouse is stationed cannot accept service on behalf of your […]

Most of the guess work is taken out of determining how much child support is appropriate by following the NC Child Support Guidelines. These guidelines tell the judge how much basic child support is per child based on how much income the parents each earn and general expenses such as daycare and health insurance. The […]

Whether or not you can move your child or children to another state depends on many factors. It is important to know whether there is a custody order in place, are divorce and custody proceedings in the court system now, if there is a custody order in place what provisions does it make for moving, and is […]

In NC domestic violence can be considered by the judge in determining child custody. The standard for custody cases in NC is always “what is in the best interest of the child”. Unlike some states NC does not have a rebuttable presumption against custody to the batterer. However, the law does say that the judge […]

There are two types of custody that are often used interchangeably but mean very different things. Legal custody is the type of custody that gives you decision making power for your child. If you have sole legal custody of your child, you have the power to make decisions for your child without the permission or consent of […]