Y Michael Yin, JD In civil cases, defendants sometimes go to great lengths to avoid being served. The reasons they do this can come down to anything, including just making it difficult for you. Service according to our rules of civil procedure begins with the sheriff or by mailing it USPS certified mail. When those methods are unsuccessful because your ex is avoiding service, we here at Woodruff often get a private investigator to track them down and personally serve them. Here are some tips and pointers for helping the PI in serving your documents: Provide Accurate Information: Offer as much ..read more

In North Carolina, the courts determine child custody based on the best interests of the child. If a child is taken from their biological parents or legal guardians, there are often reunification procedures in place. However, reunification is not always included in permanency planning orders. Permanency Planning in North Carolina Permanency planning services are initiated when a child’s parents or guardians cannot provide adequate care or protection to the child. The child enters the custody of a welfare services agency, which is then responsible for placing the child in another home. Reunifyi ..read more

Y Michael Yin, JD In Nevada, the Supreme Court recently issued a ruling affirming the public’s constitutional right to access Family Court proceedings, overturning a rule change that had closed some hearings. The Court found that the rule violated the First Amendment right to access court proceedings. In the ruling, the Court acknowledged the importance of protecting litigants’ privacy in family law matters but emphasized that privacy interests do not automatically override the public’s right to access court proceedings. However, some Justices dissented, arguing that Family Court cases should ..read more

Domestic violence is a severe offense. If you’ve been falsely accused by a spouse, partner, or household member, you must take the allegations seriously, even if you know you are innocent. What is Domestic Violence? Domestic violence includes a variety of threatening, harassing, or harmful behaviors committed against one of the following people with whom the alleged attacker has a personal relationship: Current or former spouse or opposite-sex romantic partner Your child Your parent Your co-parent or someone you share a child with Anyone with whom you currently live or you have lived with pre ..read more

Any parent over the age of 18 whose rights have not been terminated has an obligation to financially support their children. If you are going through a divorce, have recently separated from your child’s other parent, or are involved in a child support matter for any other reason, it can be helpful to understand how support amounts are calculated. Calculating Child Support in North Carolina Child support is paid by a parent to meet their child’s reasonable health, education, and maintenance needs. There is no single required way for support to be decided. If parents can agree on support terms ..read more

Custody and visitation orders in North Carolina are commonly amended when the terms no longer benefit the children and there has been a change in circumstances. Not every change will lead to a revised custody order, so understanding when a qualifying change has occurred can help you decide if it’s time to request an amendment to your order. North Carolina Law on Amending Custody Orders North Carolina General Statute § 50-13.7(a) states that a custody order can be modified at any point as long as the party making the amendment request can show a change of circumstances has occurred. Case law in ..read more

Equitable distribution in North Carolina is presumed to mean an equal split of marital property, but what happens if this division is unfair or unjust? Dividing Marital Property in North Carolina Assets and debts are considered marital, separate, or divisible property. Marital property can be included in the division of property during a divorce, while separate property is not included. Divisible property can be challenging to categorize because it may or may not be distributed. Either spouse can file for equitable distribution before a final divorce decree is entered. The judge then looks at ..read more

Custody and visitation disputes between parents focus on the best interest of their child, but this is not the standard used when non-parents are involved. North Carolina only allows non-parents to file for custody or visitation in limited circumstances. When these issues between a parent and a non-parent are litigated in court, additional elements must be considered before a parent’s rights are taken away. The Peterson Presumption The Peterson presumption is applied in North Carolina custody disputes between parents and non-parents and is a legal precedent that favors a natural or biological ..read more

The topic of an intact family may come up in some North Carolina custody and visitation cases. Why does this matter? The intact family factor is not relevant to every case, but it is pivotal when a non-parent seeks custody or visitation. The 1995 case of McIntyre v. McIntyre established that, with the exception of cases of negligence or unfitness, third parties like grandparents can only seek visitation rights when the child’s family is not intact or there is an ongoing custody proceeding. The decision in McIntyre was reinforced in Penland v. Harris. Penland v. Harris In the Penland case, the ..read more

To most people these days, St. Patrick’s Day is simply a celebratory occasion to wear green and drink Irish beverages like Guinness and Jameson. However, this Irish holiday, originally called the Feast of Saint Patrick, was first created to commemorate Saint Patrick’s bringing Christianity to Ireland and, thus, Irish culture and heritage as a whole. Today, St. Patrick’s Day has developed into a worldwide celebration complete with parades, costumes, and Irish cuisine and beverages. And it’s one of the few holidays that doesn’t emphasize romance or love in any way, making it the perfect time to ..read more