View Post

North Carolina’s New Domestic Violence Legislation

In Domestic Violence by Sarah Hink

According to North Carolina Coalition Against Domestic Violence, there were 82 homicides in 2016 caused by domestic violence. In 2017, there have already been 46 domestic violence related homicides. Domestic violence is a very real and prevalent problem, and the North Carolina legislature and governor have given some attention to issue this legislative session. Britny’s Law 22 year old Britny Puryear was in a four year relationship with Logan McLean and they had a five month old child together. On November 6, 2014, McLean murdered her by shooting her in the back of the head. There was a history of domestic violence by McLean against Puryear, which included choking her and throwing her down a staircase while she was pregnant. Despite this history, he was allowed to plead guilty to …

View Post

Grandparents Have Rights Too!

In Child Custody by Sarah Hink

Grandparents are special to children; they provide endless love, admiration, and cookies. Under North Carolina law, a grandparent includes a biological grandparent of a child, a step-grandparent when the stepparent has adopted the child, or a relative of the child where a substantial grandparent-like relationship exists between the relative and the child. When custody of a child is challenged, there is a presumption in North Carolina that the parent is favored over a third party for the award of custody. In fact, parents have a constitutionally protected right to the care, custody, and control of their children. As the US Supreme Court has said, “It is cardinal with us that the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include preparation …

View Post

What you need to know about military child custody arrangements.

In Child Custody by Elizabeth Stephenson

Custody issues can be difficult in any separation or divorce, but they become more complicated when one or both parents are members of the military. Military careers can require permanent or temporary transfers, long-term or short-term deployments, and deployments with little or no notice. If you are separated or divorced, your custody arrangements need to take into account possible deployments or transfers. Military service is not supposed to have a negative impact on custody arrangements. Judges are supposed to award custody on factors that are in the best interests of the child. However, some people worry that the courts will consider military parents as unsuitable for custody due to the nature of their employment. Sometime the non-military parent will sue for divorce or custody while the military parent is deployed, …