Core Practice Areas

What is Post-Separation Support?

By Craig Lyndon / April 3, 2017 / Comments Off on What is Post-Separation Support?

Post-separation support, which is sometimes referred to as temporary alimony, is spousal support paid for a limited period of time, typically until an alimony award is made.  The elements needed to prove a post-separation support claim are similar to the alimony elements discussed below, including the need to establish that one of the spouses is…

Read More

Modifying an Existing Custody Order

By Craig Lyndon / March 3, 2017 / Comments Off on Modifying an Existing Custody Order

Only custody orders (as opposed to agreements entered into outside of court) can be modified through the court system.  If there is a custody order, these orders can be modified when one of the parents successfully shows that circumstances have substantially changed since the previous custody order and that those changes have affected the welfare…

Read More

A Court’s Role:  Best Interest of the Child Standard

By Craig Lyndon / February 3, 2017 / Comments Off on A Court’s Role:  Best Interest of the Child Standard

In North Carolina, if the parties are not able to come to an agreement on a custodial schedule, a custody action may be filed by either parent in District Court in the county in which the child resides. It is important to note that a court will not be able to hear the case unless the…

Read More

Mediation and Arbitration

By Craig Lyndon / January 3, 2017 / Comments Off on Mediation and Arbitration

If parents cannot come to an agreement resolving their custodial issues, they may try to resolve them through methods of Alternative Dispute Resolution (ADR) such as mediation or arbitration. While arbitration and mediation are more commonly used in a formal litigation process, they can also be used before litigation begins to help the parties resolve…

Read More

Physical vs. Legal Custody and Shared Custody

By Craig Lyndon / December 3, 2016 / Comments Off on Physical vs. Legal Custody and Shared Custody

We will guide you through the difference between physical and legal custody and between sole, shared or joint custody. In North Carolina, physical custody refers to the act of having the actual physical care, custody and control of the child while legal custody refers to the parental right to make major decisions regarding the child’s…

Read More