November 2017

Rylan’s Law Improves Child Custody Oversight in North Carolina

A new North Carolina measure called Rylan’s Law will increase oversight in child custody cases, according to an article by The News & Observer.

Rylan’s Law came into existence to address existing inefficiencies in the state child custody system. Specifically, lawmakers point to the notorious story of a young boy named Rylan. This boy drowned in a pool in April 2016, only weeks before his second birthday.

Before his death, domestic violence concerns forced Rylan and his sister into foster care in October 2015. But several months later, a judge ruled to return the Ryland and his sister to their mother in December 2015. This happened despite the mother’s pending case for child abuse. Approximately four months later, Rylan was dead.

To help prevent this type of disaster from reoccurring, North Carolina lawmakers designed Rylan’s Law. The law will require additional monitoring and oversight in the determination of child custody cases. Specifically, social workers must witness several interactions between the children and parents before making a child custody recommendation.

Considering the nature of this news development, it feels like a great time to review North Carolina laws concerning child support.

Best Interests of the Child in North Carolina

North Carolina laws place a premium on the best interests of the child. This is the single most important factor in any determination of child custody in North Carolina. Essentially, the courts will try to determine that custody arrangement will provide the best environment for the child or children.

In determining the best interests of the child or children, the courts will consider safety, domestic violence, income and other relevant factors. It is important to note that the parents or children can request specific custody arrangements. But the courts are not required to grant such requests. The courts are only responsible for safeguarding the best interests of the children involved.

Variations of Child Custody in North Carolina

There are two major types of child custody in North Carolina – sole custody and joint custody. We will discuss the specific characteristics of each type of custody below.

Sole custody in North Carolina refers to a situation where one parent has complete responsibility for the children. The other parent does not have any power over or rights concerning the children.

Joint custody in North Carolina refers to a situation where both parents share responsibility for their children. While it does not have to be an even split, both parents share decision-making power and custody.

Reach Out to Our Office for Help

Whether you are dealing with child custody, divorce or other facets of family law, it is generally prudent to consult with a knowledgeable family law attorney. The attorneys at Powers Landreth PLLC in Charlotte, North Carolina, feature more than 20 years of combined legal experience. Contact us today for assistance.

Resource:

newsobserver.com/news/politics-government/state-politics/article158688434.html

Exploring North Carolina’s Unified Family Court System

Back in 1996, North Carolina engaged in a redesign of the in-state legal system. At the conclusion of this process, the Commission for the Future of Justice and the Courts in North Carolina issued a report, titled “Without Favor, Denial or Delay,” outlining a number of recommendations to overhaul the state legal system.

Among those recommendations, the Commission called for the creation of a unified court system for family law that reached across North Carolina. Before North Carolina established a statewide, unified system for family court, domestic claims were rarely heard in the same courtroom.

The spouses would file for divorce and divide up marital property before one judge. Then another judge could hear the child custody case. A third judge might end up presiding over any claims for child support. In cases of domestic violence, there was likely a fourth judge involved.

Overall, the past system wreaked havoc on families already reeling from instability at home. The lack of a unified process led certain parents and children to go before multiple courts to resolve a domestic issue. That meant that domestic issues could drag on for much longer than necessary, stretching out the amount of time that families had to deal with stressful domestic issues.

To help address this inefficiency, the Unified Family Court system requires all matters involving a single family to come before a single court. In this way, the courts could better serve families in a consistent and efficient manner. Unlike the past – with domestic actions segmented across multiple courts – the Unified Family Court system allows the same judge to review child custody and support, divorce and domestic violence claims.

In order to establish the Unified Family Court system, the Commission identified 10 best practices for a successful family court, including:

• Deliver leadership and guidance from judicial officials and staff;
• Provide one court for all issues affecting a single family;
• Employ case management standards for timely resolution of domestic issues;
• Leverage Alternative Dispute Resolution (ADR) for efficient conflict resolution;
• Ensure specialized training available to judicial officials and staff;
• Maintain high standards for customer service;
• Offer other court and community services as needed; and
• Collaborate with local Family Court Advisory Committee (FCAC).

Let Us Help You Today

From domestic violence to divorce and child custody, the family law system deals with many sensitive subjects. In this context, it is vital to take proceed cautiously and reach out to a skilled attorney. The legal professionals at Powers Landreth PLLC in Charlotte are prepared to work aggressively on your behalf today.

Resource:

nccourts.org/Citizens/CPrograms/Family/Documents/unifiedfamilycourts-guidelines.pdf

Key Considerations for Child Custody in North Carolina

Today we will review a handful of key considerations for child custody situations that arise in North Carolina. Child custody is often the most challenging part of a divorce, with both parents fighting for custody of their children. In order to maintain focus on the children, North Carolina’s statutory approach places a premium value on the best interests of the children.

It should be noted that the parents can decide child custody outside of the courts. If the parents are able to come to a mutually acceptable agreement concerning child custody, then the matter is settled. Though if the court determines that the agreement is not in the best interests of the children, they can intervene.

Do North Carolina Laws Favor the Mother over the Father in Child Custody?

In short, no, North Carolina does not favor the mother’s rights over the father’s rights to child custody. Both parents have equal rights to custody. The courts will apply the best interests of the child standard to determine the proper custody arrangement.

Do Children Have the Ability to Influence the Custody Arrangement?

Unlike other states, North Carolina does not impose an age limit on children voicing an opinion on custody preferences. The court has discretion to hear testimony from children concerning their preferred custody arrangement. Though even if the court does hear such testimony, there is no requirement to abide by the child’s preferences.

Are Child Custody Arrangements Permanent in North Carolina?

Child custody arrangements are not permanent in North Carolina. There is a specific process in place for modifying child custody arrangements. Parents must demonstrate a substantial change in circumstances. It does not matter if the change in circumstances is positive or negative. But the change in circumstances must have a direct impact on the children involved.

Let Us Help You with Your Case

There can be numerous challenges in any matter concerning child custody, divorce or other aspects of family law. To overcome these challenges, it can be useful to seek counsel from a skilled family law attorney. The Charlotte legal team at Powers Landreth PLLC is prepared to assist you today.

Candlelight Vigil for North Carolina’s Domestic Violence Victims

A crowd gathered in Graham, North Carolina, on to remember 77 victims who died as a result of domestic violence in the state in the past year, according to an article by The Times-News.

A joint effort organized by the Family Justice Center and Family Abuse Services, attendees assembled in front of the Alamance County War Memorial. With a crowd bearing candles to the light the night, the name of every one of the 77 domestic violence victims rang out into the darkness.

Part of the motivation for organizing this event centers on raising awareness of the growing domestic violence epidemic across Alamance County.

What is the Definition of Domestic Violence in North Carolina?

The legislature outlined the state-specific approach to domestic violence in Section 50B-1 of the North Carolina General Statutes. There are two major elements to the crime of domestic violence – personal relationships and types of conduct.

What is the Definition of Personal Relationship in North Carolina?

One element of the North Carolina definition of domestic violence concerns personal relationships. There are six different types of personal relationships outlined under Section 50B-1.

In order to qualify as a personal relationship, the people must be:

• Married or previously married;
• A male and female who currently live or previously lived together;
• In a parent-child or grandparent-grandchild relationship;
• Parents to the same child;
• Current or previous household members; or
• A male and female who are currently or were previously in a dating relationship.

What Conduct Qualifies as Domestic Violence in North Carolina?

The other element of the North Carolina definition of domestic violence concerns certain conduct. In cases where the perpetrator and victim have a personal relationship, it is domestic violence if the perpetrator:

• Inflicts harm or injury or attempts to inflict harm or injury;
• Threatens or harasses to the point of severe emotional distress; or
• Commits a sex crime, including rape.

Section 50B-1 does offer a specific exception concerning self-defense. If a person is in reasonable danger of injury or death, then they are allowed to defend themselves. In such circumstances of reasonable self-defense, it is not considered domestic violence.

Let Us Help You with Your Case

Whether you are facing domestic violence, divorce or other aspects of family law, it is important to have professional help. Don’t hesitate to reach out to Powers Landreth PLLC in Charlotte, North Carolina for assistance with your case.