Articles Tagged with Charlotte Family Lawyer

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Custody4-200x200The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a uniform law drafted by the Uniform Law Commission in 1997. The UCCJEA encompasses a set of guidelines for courts to follow in their determination of child custody. To date, the law has been adopted by 49 states and Washington, DC. The UCCJEA breaks down legal and physical custody, sole and joint custody, grandparent visitation rights as well as factors to assess custodial rights.

Legal and Physical Custody

The law has divided custodial rights into two categories (legal and physical custody). Legal custody is the right and obligation to make decisions about the child’s well-being and upbringing. These include decisions regarding the child’s schooling, medical care and religious activities. Many states normally permit both parents to share legal custody of the child depending on the circumstances of the custody case. Physical custody is the right of a parent to have a child reside with him or her. There are two forms of physical and legal custody: sole or joint custody.

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Family4-200x200Spousal privilege is the legal and policy doctrine that accords confidentiality between spouses with an aim to encourage martial harmony and to protect families. There are two types of spousal privilege: (1) testimonial privilege and (2) communications privilege. Each privilege applies in finite circumstances and requires an inquiry into the status of the marriage.

Testimonial Privilege

Testimonial privilege is asserted in criminal cases. In this scenario, one spouse is called to testify against another spouse in a criminal proceeding. The spouse who is being called to the stand can assert testimonial privilege and refuse to testify against the defendant spouse. At the same time, this privilege is not absolute. The witness spouse may choose to waive his or her privilege and testify anyway. This can occur even under the objection of the defendant spouse.  In different jurisdictions, there are exceptions to testimonial privilege including in the case of marital rape. For the testimonial privilege to apply, the defendant spouse and the witness spouse must be married at the time the privilege is asserted.

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Depressed-183x200A 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.

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FamCourt-200x200After a federal appeals court ruling, a North Carolina law that enables magistrates to refrain from performing same sex marriages will continue in full force, according to an article by The Charlotte Observer.

Introduced as Senate Bill 2 by State Senator Phil Berger, the law in question allows magistrates and other officials to decline to perform a lawful marriage based on religious objections. Senate Bill 2 arrived in the North Carolina legislature in 2015, in response to a 2014 federal court decision.

That 2014 decision essentially legalized same sex marriage legal in North Carolina. Moreover, any magistrate who refused to perform a lawful wedding could be subject to discipline. Several months later, Berger introduced Senate Bill 2. Former Governor Pat McCrory vetoed the initial bill. But the legislature overcame that veto and passed Senate Bill 2 on June 11, 2015.

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Family4-200x200Today we will explore the North Carolina approach to child custody and child support. Before we delve into specifics, there is an overarching consideration we need to consider first. North Carolina places a high importance on the best interests of the child. In any determination of child custody or support, the court will examine what circumstances will yield the best outcome for the children involved.

What are the Different Types of Child Custody in North Carolina?

There are three major types of child custody in North Carolina.

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