Same-Sex Marriage in South Carolina Starting Thursday?
In a rapidly developing situation, there are reports that same-sex marriage licenses are being issued in South Carolina this morning in anticipation of same-sex marriages beginning on Thursday. South Carolina had been the holdout state in the 4th Circuit as the only state not permitting same-sex marriages since the 4th Circuit Court of Appeals ruled […]
Marriage Equality: Same-Sex Marriage bans struck down in North and South Carolina
With numerous developments in marriage equality litigation occurring around the country, it can be difficult to keep up to date. Currently, there is a patchwork of states across the US in which same-sex marriage is legal. But, here in the South, marriage equality should soon no longer divide the Carolinas. The Carolinas Yesterday, November 12th, […]
Gay Marriage in North Carolina
On October 10, 2014, the law in North Carolina changed as it relates to gay marriage in North Carolina. At approximately 5:30 pm, an Order was executed and filed by U. S. District Court Judge Max Cogburn in Asheville, North Carolina. Effectively, this Order removes Amendment One which banned the state’s law restricting marriage to […]
Same Sex Marriage Legal in Virginia: Is NC next?
This morning, the US Supreme Court denied petitions seeking the Court’s review of same sex-marriage cases from several states. The Supreme Court’s decision leaves in place decisions from lower courts that invalidated same-sex marriage bans in Indiana, Wisconsin, Utah, Oklahoma, and Virginia. Same-sex marriages will be legal in these states as soon as today. Because […]
Funding for Family Courts
If you practice family law in North Carolina, you will recall the numerous emails received in June and July 2014 regarding the proposed state budget and its drastic cuts to the funding for our Family Courts. It looks like the calls and letters to our North Carolina representatives and senators helped, for now. North Carolina Policy Watch reported that the […]
Termination of Parental Rights
A parent’s right to direct the care, custody, and control of his or her children, to the exclusion of all other persons, is a fundamental and constitutionally protected civil right. But, as with all rights, parental rights come with responsibilities. And, a parent’s failure to meet the responsibilities of providing for the care, custody, and […]
Same-Sex Marriage Now Legal in VA. North Carolina Next?
Absent action by the US Supreme Court today, same-sex couples may begin to wed in the State of Virginia beginning tomorrow, Thursday, August 21st. The imminent legality of same-sex marriages in Virginia is the result of the ruling made last week by the 4th Circuit Court of Appeals that the court would not place a […]
The Most Important Elections You’re Probably Ignoring
In North Carolina, we have two appellate courts that review family law cases appealed from our district courts: the Court of Appeals and the Supreme Court. Earlier this month, the chief judge of the NC Court of Appeals, the Honorable John C. Martin, announced that he will retire effective August 1. Judge Martin has served […]
Can My Child Choose?
It is commonly misunderstood in North Carolina family law cases that there is a certain age in which a child can choose the parent with whom he or she wants to reside. In consultations, moms and dads will regularly tell me that they were holding out on their separation until their child was 12 because […]
Charlotte Observer: My Way or the Highway?
Originally posted in MomsCharlotte. How many of us have heard these words from our children: “I want to do it the way I want to do it!” I hear it on a regular basis from my 6-year-old son and remind myself that he is learning his independence. But, these words are not only said to […]