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Greensboro NC Family Law Blog

International child custody case over - because child is too old

When child custody issues drag on for a long time, at some point they are resolved not because the parties come to an agreement, but simply because the process has run its course. This is the case with a contentious battle between two parents that has spanned several years and three continents, but is now over because the boy at the center of the fight is too old.

The case went all the way to the U.S. Supreme Court but also involved Chilean courts. In the case, an American mother took her son from Chile to the United States without the permission of her estranged husband, who is British. Courts in Chile had ruled that neither parent was allowed to take the child out of the country without permission from the other.

One of the first same-sex married couples ending relationship

Many people in Greensboro and all over North Carolina are wondering about the outcome of the vote later this year to ban same-sex marriage. While there are strongly held opinions on both sides of the issue, one thing that people might agree on regardless of their stance on the issue is that marriage, whether between same-sex partners or those of the opposite sex, is hard work and is not something that is to be taken lightly.

A reminder of how same-sex couples must deal with the same stresses as married couples comes from California. A couple whose lawsuit had been the basis for the state Supreme Court to toss the ban on same-sex marriage, and who got married shortly thereafter as one of the first same-sex couples to do so in California, filed for divorce last month.

NC mom could get jail for not letting kids see indicted father

While many child custody arrangements between parents run smoothly, others are bound to be contentious. And sometimes, because of circumstances that are beyond one parent's control--such as a judge's baffling rulings--situations that seem almost too strange to be true become real possibilities. This would seemingly apply to a woman in Charlotte, North Carolina, who may be punished for doing what she thinks is in the best interests of her children.

The case involves a divorced couple and their two children, ages 7 and 4. The parents were divorced in 2009, and the father was granted visitation rights. However, the father had a history of drug abuse, according to court records. He even lost his job with the city of Charlotte after failing a drug screening.

Ex-senator in midst of custody battle with second ex-partner

American society has made great strides in the last few decades when it comes to acceptance of people once considered to be outside the mainstream. The mere fact that a ballot question on same-sex marriage will be put to the voters of North Carolina, regardless of the outcome, is indicative of the expanding acceptance of people who were once shunned by large sections of the populace.

As more and more same-sex couples have made their relationships official--as legally recognized domestic partners--issues of family law that were once the province of married couples are now coming to the fore for same-sex unmarried couples. In one North Carolina case now in the news, a former state senator is seeking joint custody of her ex-partner's son.

NASCAR's CEO hopes to keep North Carolina divorce records private

A prominent North Carolina businessman has been trying for several years to keep records of his divorce settlement private--but those efforts may be coming to an end. Brian France, who is the chief executive officer of the NASCAR racing circuit, has been locked in a battle with a Charlotte, North Carolina, newspaper that wants to have the records made available to the public.

France and his now ex-wife made an agreement when the couple got divorced in 2008. Since that time, details of the agreement have been quoted in other court documents, but the full text of the agreement remains unreleased. According to what is known of the agreement, France's ex-wife received $9 million as well as $40,000 per year in child support and spousal support payments.

Canadian ruling could wipe out North Carolina couple's marriage

The issue of same-sex marriage is one that has been at the forefront of American consciousness for the last few years. Indeed, right here in North Carolina, citizens will vote in May whether to enshrine the process into state law. But already some North Carolina same-sex couples have made their marriage commitment official in other jurisdictions.

Same-sex marriage is already permitted in a few states. Another place where it is legal is Canada. In 2004, a couple from Durham, North Carolina, flew to British Columbia to get married and celebrate their honeymoon. The couple considers themselves to be legally married when they are in a jurisdiction that permits same-sex marriage--a list of places which, as of right now, does not include North Carolina.

Couple loses adopted daughter to parent the girl has never known

A law hardly known in North Carolina or in much of the country is having a big impact on a family in South Carolina. A couple there was unable to have a child naturally, and multiple attempts at in-vitro fertilization failed, so they decided to adopt. The couple befriended a young woman and, with her blessing and consent, adopted the girl at birth. However, four months later, the girl's biological father filed for custody and paternity rights.

The quirk in family law stems from the federal law under which the biological father made his claim: the Indian Child Welfare Act. Because the father is legally registered with the Cherokee Nation, he won the custody case and the couple in South Carolina was required to give up the girl to him.

North Carolina official files lawsuit over legality of marriage

Recently, a lawsuit was filed by a Guilford County elected official and other area residents that Greensboro readers of this blog may find noteworthy. The lawsuit is in reaction to the current debate over marriage in North Carolina, and it addresses the family law issue of whether the state government should be involved in marriage at all. If the lawsuit is successful, then the state would have no role in saying who can and cannot get married.

The lead plaintiff in the suit is the Guilford County Register of Deeds, who is responsible for recording marriage licenses. He says that marriage is predominately a religious affair and that state laws currently make clergy members into agents of the state.

Single dad's quest leads to bill promoting equal custody

For Greensboro residents who have recently left a relationship in which they had children, the issue of child custody may be especially painful. While family law courts try their best to make a decision it considers to be in the best interests of the child or children, the fact is that many parents may feel that they have been treated unfairly. This was certainly true in a case in South Carolina that has now spurred an attempt to change the state's law.

A Fort Mill father was awarded joint legal custody, with the mother, of their son. However, joint legal custody does not necessarily mean joint physical custody. In his case, the court only granted him physical custody of his son every other weekend, essentially four days a month.

Kobe Bryant to divorce; wife cites irreconcilable differences

Greensboro readers have probably heard that Kobe Bryant is headed for divorce. Recently, the wife of the Los Angeles Lakers superstar--who, some may remember, was originally drafted by North Carolina's previous NBA team, the Charlotte Hornets-- filed for divorce. She cited irreconcilable differences as the reason for the split, and is represented by a noted celebrity divorce attorney.

The couple met in 1999 on a music video shoot when Bryant's now-wife was just 18 years old. Six months later, the couple became engaged and they married in 2001. Bryant is estimated to earn than $25 million this season, $28 million next season and more than $30 million in 2013-2014. The Bryants have two children from their marriage, 5- and 8-year-old daughters.

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