Articles in regional publications that pertain to a wide range of North Carolina-related topics.
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Record #:
25890
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Related to family law in a number of areas, the North Carolina General Assembly enacted various legislative pieces in 1995. In response to research on the effect of equitable distribution law on women and families, the General Assembly passed four bills intended to address delays in the prosecution of equitable distribution cases, providing for interim allocations and pretrial procedures. Affective October 1995, Chapter 319 rewrites the law regarding alimony, providing procedures for post-separation support, while deleting the requirements of the dependent spouse to show fault in order to receive alimony. In domestic violence cases, courts may now prohibit a party from purchasing a firearm for a certain period of time. The General Assembly also adopted the new Uniform Interstate Family Support Act (UIFSA) which establishes procedures for child and spousal support across state lines. Juvenile law saw amendments to provide for the inclusion of parents in the medical, psychiatric, or psychological treatment of a child deemed by the court to be delinquent, abused, neglected, or dependent. Juveniles between the age of 16 and 17, away from home for more than 48 hours without permission from a guardian can be taken into custody by a law enforcement officer without court order. Additionally, no physician may perform an abortion on an un-emancipated minor unless they have obtained consent from both the minor and either a parent or guardian; however, a minor may obtain a judicial waiver of consent in certain circumstances. Chapter 457 rewrites entirely North Carolina’s adoption laws, providing major provisions for the adoption of both minors, adults, and a step child by a stepparent. The legislation also requires new terms on the confidentiality of records and prohibited practices in connection with adoption.
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Record #:
19865
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This bulletin summarizes changes made to statutes relating to family law by the 2002 session of the 2001 North Carolina General Assembly.
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16146
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States are required by federal law to establish child support guidelines as a condition of receiving federal funding for Temporary Assistance for Needy Children and child enforcement programs. States are required to review their programs once every four years and to make necessary changes. This bulletin focuses on issues that have come to light since the adoption of the 2006 Guidelines.
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Record #:
21845
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\"The law relating to equitable distribution in North Carolina is constantly evolving, and in 2013 there were three especially significant developments, each relating to issues likely to arise in virtually every equitable distribution case litigated in the state.\" This bulletin discusses these recent developments.
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Record #:
19869
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A joint bank account can be held in the names of a delinquent child support obligor and a non-liable depositor. This bulletin discusses due process and the legal rights of non-liable depositors in a joint bank account when a state agency attempts to collect delinquent child support payments by garnishing the account.
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Record #:
7536
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The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 makes over two dozen significant changes to current bankruptcy statutes. Saxon describes and analyzes these provisions of the new law in the context of the current federal Bankruptcy Code and North Carolina family law.
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Record #:
4799
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Family law cases rank second to traffic cases in bringing people into contact with the state's court system. Over the past 25 years, family cases have increased 483 percent. Howell discusses the present court system for handling family matters; the newly recommended unified family court, which is being pilot-tested between March 1, 1999 to June 1, 2001, in selected judicial districts; and the family court's future in North Carolina.
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Record #:
25887
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Two recent decisions by the North Carolina court of appeals have illustrated the principles of equitable distribution. Lockamy v. Lockamy and Gilbert v. Gilbert show that equitable distribution is barred unless asserted before divorce and the doctrine of equitable estoppel for preventing injustice in court.
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Record #:
19867
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This bulletin compiles and discusses family law cases and legislation filed or enacted between February 1, and July 1, 2003.
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Record #:
19868
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This bulletin reviews the development of the law in North Carolina regarding equitable distribution actions after the death of a party and to identify the applicable time limitations for pursuing a claim for equitable distribution following the death of a spouse.
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Record #:
19866
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This bulletin compiles and discusses family law cases decided between June 1, 2002, and February 1, 2003.
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Record #:
19863
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This bulletin compiles and discusses family law cases decided between October 1, 2001 and March 1, 2002.
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Record #:
2923
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The General Assembly changed the alimony law effective October 1, 1995. Marital fault is now considered one of several factors in determining the award of alimony instead of the primary one.
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Record #:
16147
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This bulletin discusses the present state of the law in North Carolina concerning the common law and constitutional rights of parents to the exclusive care, custody and control of their children. The article examines how that parental right impacts the authority of North Carolina courts to apply the best interest standard to resolve custody and visitation claims brought by third parties against parents. In addition, it reviews statutory and case law dealing specifically with grandparents to determine whether custody and visitation claims by grandparents are treated differently from claims by other third parties.
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Record #:
19870
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This bulletin discusses the present state of the law in North Carolina concerning the common law and constitutional right of parents to the exclusive care, custody and control of their children. The article examines how parental right impacts the authority of North Carolina courts to apply the best interest standard to resolve custody and visitation claims brought by third parties against parents.
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