BREEDEN LAW OFFICE BLOG

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As a fixture in North Carolina’s family law community, we frequently provide legal insight to various media outlets.

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Tips for Co-Parenting During the Summer

Everyone looks forward to summer vacation and the changes it promises: warm weather, no school, vacations, and lazy days. Co-parenting during the summer may look different. The schedule you and your child’s other parent followed during the school year may not make sense anymore, so it could require some tweaks. If you need help working […]

Can I Move Out of State with My Child Without My Ex’s Consent?

There are many reasons to consider moving out of state: a new job, a change of scenery, or a chance to be closer to friends or relatives. When you have a child custody agreement in place, however, you may not have the freedom to move whenever you wish. If this is your situation, you’re likely […]

Can I Reach a Custody Agreement Out of Court?

In North Carolina, as in most of the country, child custody is usually settled out of court. It’s rare for child custody to be determined in a courtroom. This doesn’t mean you don’t need a lawyer if you are trying to determine custody of your child. You may think you and the other parent of […]

Regaining Child Custody in North Carolina

If you were denied child custody in the past and currently have limited or no visitation with your child, you may be able to regain joint or primary custody in the future. However, before you return to court to fight for more decision-making power and physical time with your child, talk with an experienced child […]

Common Holiday Child Visitation Issues

It’s fairly common for a child visitation agreement to divide up holidays and vacations between each parent. For example, during summer, the child may spend half their summer break with one parent and half with the other. Parents likely rotate holidays as well, so they can both get the chance to have their children in […]

Can My Child Decide Which Parent They Want to Live With?

When you and your spouse decide to get divorced, one of the hardest topics that needs to be addressed is child custody. If your child is an infant, then there is no discussion as to whether their opinion matters. You two will either decide on a parenting plan yourselves, or a judge will decide what […]

What Are My Rights as an Unmarried Parent?

Despite how traditional our country and legal system can seem, parental rights are not based on being married. While there are a few laws that connect marriage and parenting, most child matters focus on the biological and legal relationship between the adult and minor. It should give you some comfort that as unmarried parents you […]

How Do False Allegations of Abuse Affect a Divorce or Child Custody Case?

Marriage is seen as a binding contract in the eyes of the law; however, to end this union, you either need to give a reason for divorce or file for a no-fault separation. Since North Carolina allows for both types of divorce, abuse and other forms of marital misconduct can impact the terms and conditions […]

How Is Paternity Established in Court?

Establishing a child’s parentage when he or she is born into a marriage is usually quite simple. North Carolina automatically assumes a husband and wife are the parents of an infant born to the wife. Additionally, it is an easy process to establish paternity when the mother and father are in an amicable relationship. They […]

Best Interest of the Child Standard in North Carolina Child Custody

Like many court systems in the United States, North Carolina’s family court makes decisions about child custody and visitation cases based solely and absolutely on the best interest of the child. While there is no hard and fast definition for it, ChildWelfare.gov refers to “best interests” as “deliberation that courts undertake when deciding what type […]