Practice Area Articles

Which Parent Gets to Choose Where the Child Goes to School?

The beginning of a new school year is a time when many parents are faced with making a decision regarding where their child should be enrolled in school. Where a child attends school may impact the quality of the child’s education, as well as the child’s happiness and overall development. Parents often feel strongly about decisions that can have a long-term impact on their child.

Can a Stepparent Be Required to Pay Child Support for a Current or Former Stepchild?

Under North Carolina law, the legal parents (either biological or adoptive) of a child are deemed to be primarily responsible for the child’s financial support. As such, a stepparent has no legal duty to pay child support for the benefit of a stepchild in the event the stepparent’s marriage to the child’s parent ends, either by death or divorce. However, a stepparent who has acted “in loco parentis”

Grandparents’ Rights to Custody and Visitation in North Carolina.

Under N.C. Gen. Stat. § 50-13.5(j), either parent of a child or an interested party (including a grandparent) may petition the court for a modification of child custody or visitation in any action in which custody previously has been determined. Under this statute, the grandparent must be able to show that a substantial change in circumstances affecting the welfare of the child has occurred since the entry of the prior custody order.

What Happens When a Marital Asset Is Titled in the Name of a Business or Third Party?

In North Carolina, property that is owned at the date of separation by either spouse, individually or jointly, is presumed to be marital property. But, what happens when a business or third-party holds title to an asset that is claimed to be a marital asset? What if a spouse titles an asset acquired with marital funds in the name of a business or transfers title to a marital asset to a third-party, such as a child or parent, in an attempt to hide or divert the asset from the marital estate to deprive the other spouse of his/her share or interest?