When families break up, it can be a very difficult process. Starting over can be stressful, and it is even more nerve-racking when you are attempting to relocate with a child. When it comes to relocation with a child, one of the court’s most important concerns is doing whatever is in the child’s best interest. …
Disabled Parents and their Custody Rights
Child custody disputes are a complex process. If you are a disabled parent, or on SSDI, SSI, or VA Benefits, you might feel as if you are at a disadvantage in receiving a fair outcome in a custody trial. It can seem like no one believes you are capable of caring for your children. A …
Steps to Filing a Divorce in the Military
Being in the military can add stress to an already difficult relationship that can ultimately end in divorce. While the divorce rate for military families is low, around 3 percent overall, the issues involved in those cases tend to be more complex. The military divorce rate appears to be much higher than the rate for …
How Do You Prove Parental Alienation Syndrome?
Divorces often cause tension between ex-spouses. When a child is involved, the parents cannot simply go their separate ways. They must continue to co-parent their child or children. Unfortunately, some parents act irrationally out of anger toward the other parent. This can include attempts to interfere with the relationship between the child and the parent, …
How Will Divorce Divide a Military Pension?
No matter the circumstances that have prompted your divorce, going through the divorce process can be tedious and complex. If one or both of you are service members, questions such as what happens to your pension can complicate the divorce. This question is important, and you need to know where you stand before you enter …
In North Carolina Can You Get Divorced While Deployed?
For North Carolina military couples, it can be difficult to come to terms with the situation of a divorce while one spouse is deployed. If your relationship has come to an end and you are in the middle of a deployment, you may be asking yourself if you have any options for filing for a …
Child Support Laws for an Adult Child with Disabilities
There is an expectation and duty for a parent to support their child and to make decisions on their behalf until they reach adulthood . Yet, these responsibilities can extend much longer when the child has special needs. Caring for and raising a special needs child will be a different experience and may require you …
Receiving Custody of a Special Needs Child in Virginia
Child custody cases involving special needs children tend to be more complex and involve more elements than other custody cases. Your special needs child may not fully understand what is happening or require special accommodations, potentially resulting in you seeking a more flexible order from the court. Physical and legal custody of a special needs …
Arranging Custody Schedules for Special Needs Children
Approximately 17% of children, or one in six, have one or more developmental disabilities such as ADHD or autism spectrum disorder (ASD). The challenges of raising an autistic child or a child with other special needs can become greater during a divorce. Devising a strong custody arrangement and parenting plan is essential to protect the …
North Carolina Special Needs Custody
If you are trying to determine custody when you have a special needs child it is not easy. There are several factors that the courts must weigh before custody can be established, and you need to understand each of these factors. These factors include handling disabilities, such as managing social security disability income, special educational …
North Carolina Emergency Child Custody
In Charlotte, a parent, or other interested party, is allowed to petition the court for an emergency child custody order or ex-parte order. In situations where you believe an emergency exists, there are specific elements that must be met. If a child’s health or safety is at risk in their current environment, or if there …
5 Myths of Military Divorce in North Carolina
When it comes to divorce, there are a lot of myths out there. And when you’re in the military, those myths can be even more damaging. That’s why we’re here to bust some of the biggest myths about military divorce in North Carolina. Military divorces present many unique challenges that are not present in civilian …
Does My Child Custody Case Have To Go To Court?
In 2018, there were 3,899 divorces in Mecklenburg County (which includes Charlotte, North Carolina). The year 2018 saw an increase in the number of divorces from 2017, which had 3,256 divorces. These numbers indicate that North Carolina ranks at number 19 for states in which divorces occur. According to recent surveys, divorces that involve children …
How Out of State Visitation and Child Custody Works
Securing primary custody of your child after a divorce is a great victory, but there are often conditions you must abide by from a court order to maintain that custody. Most are obvious, like no domestic violence, but there are some unexpected obstacles you may not see coming. For example, moving out of state can …
How to Determine Child Custody for Unmarried Couples
Determining child custody for unmarried couples involves establishing legal parental rights and addressing child support, visitation, and custody agreements to ensure your child’s best interests are met. For example, if you are the father of your child, you still need legal proof of being your child’s biological parent. A Virginia custody and visitation lawyer will give …
Steps For Fathers To Win Their Child Custody Battle
What Steps Can A Father Take In A Child Custody Battle? In the case of child custody, it is not about winning or losing. Your child is not a prize in a game. They are precious to you, and you very naturally want full custody. You believe you are the right person to raise and …
Does Divorce Nullify a Will?
Would you want your ex-spouse to maintain a power of attorney if you were to have an accident or get seriously ill? If you have gotten a divorce recently or you are planning to get one soon, it may be worth revisiting your estate planning to avoid unpleasant surprises. At Melone Hatley, P.C., our divorce …
5 Steps to Talk to Your Parents About Their Divorce
Divorce affects the entire family, not just the parents. If your parents are going through divorce or separation, then you know this is true. Talking to one or both of your parents at times could be challenging due to the changes and emotions you’ve gone through. One way to get over this uncomfortable time is …
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