Glade Valley Child Custody Lawyer, North Carolina
Includes: Guardianships & Conservatorships, Custody & Visitation
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3317 York Rd., Winston Salem, NC 27106
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Destin Hall
Child Custody, Divorce, Alimony & Spousal Support, Personal Injury
Status: In Good Standing
606 College Avenue SW, Lenoir, NC 28645
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LEGAL TERMS
MISREPRESENTATION
A lie by one spouse before marriage that provides grounds for an annulment. For example, if a spouse failed to mention that he was still married or was incapabl... (more...)
A lie by one spouse before marriage that provides grounds for an annulment. For example, if a spouse failed to mention that he was still married or was incapable of having children, he has misrepresented himself.
LEGAL CUSTODY
The right and obligation to make decisions about a child's upbringing, including schooling and medical care. Many states typically have both parents share legal... (more...)
The right and obligation to make decisions about a child's upbringing, including schooling and medical care. Many states typically have both parents share legal custody of a child. Compare physical custody.
NO-FAULT DIVORCE
Any divorce in which the spouse who wants to split up does not have to accuse the other of wrongdoing, but can simply state that the couple no longer gets along... (more...)
Any divorce in which the spouse who wants to split up does not have to accuse the other of wrongdoing, but can simply state that the couple no longer gets along. Until no-fault divorce arrived in the 1970s, the only way a person could get a divorce was to prove that the other spouse was at fault for the marriage not working. No-fault divorces are usually granted for reasons such as incompatibility, irreconcilable differences, or irretrievable or irremediable breakdown of the marriage. Also, some states allow incurable insanity as a basis for a no-fault divorce. Compare fault divorce.
SHARED CUSTODY
See joint custody.
MARITAL SETTLEMENT AGREEMENT
See divorce agreement.
IRREMEDIABLE OR IRRETRIEVABLE BREAKDOWN
The situation that occurs in a marriage when one spouse refuses to live with the other and will not work toward reconciliation. In a number of states, irremedia... (more...)
The situation that occurs in a marriage when one spouse refuses to live with the other and will not work toward reconciliation. In a number of states, irremediable breakdown is the accepted ground for a no-fault divorce. As a practical matter, courts seldom, if ever, inquire into whether the marriage has actually broken down, and routinely grant a divorce as long as the party seeking the divorce says the marriage has fallen apart. Compare incompatibility; irreconcilable differences.
ATTORNEY FEES
The payment made to a lawyer for legal services. These fees may take several forms: hourly per job or service -- for example, $350 to draft a will contingency (... (more...)
The payment made to a lawyer for legal services. These fees may take several forms: hourly per job or service -- for example, $350 to draft a will contingency (the lawyer collects a percentage of any money she wins for her client and nothing if there is no recovery), or retainer (usually a down payment as part of an hourly or per job fee agreement). Attorney fees must usually be paid by the client who hires a lawyer, though occasionally a law or contract will require the losing party of a lawsuit to pay the winner's court costs and attorney fees. For example, a contract might contain a provision that says the loser of any lawsuit between the parties to the contract will pay the winner's attorney fees. Many laws designed to protect consumers also provide for attorney fees -- for example, most state laws that require landlords to provide habitable housing also specify that a tenant who sues and wins using that law may collect attorney fees. And in family law cases -- divorce, custody and child support -- judges often have the power to order the more affluent spouse to pay the other spouse's attorney fees, even where there is no clear victor.
FMLA
See Family and Medical Leave Act.
RESTRAINING ORDER
An order from a court directing one person not to do something, such as make contact with another person, enter the family home or remove a child from the state... (more...)
An order from a court directing one person not to do something, such as make contact with another person, enter the family home or remove a child from the state. Restraining orders are typically issued in cases in which spousal abuse or stalking is feared -- or has occurred -- in an attempt to ensure the victim's safety. Restraining orders are also commonly issued to cool down ugly disputes between neighbors.
SAMPLE LEGAL CASES
Mason v. Dwinnell
... 50-13.1 to seek custody of a child from a natural parent." Id. ... [4]. We believe these
circumstances are analogous to those in Price, in which the plaintiff, a man who
had previously lived with the child's mother, sought custody. ...
Heatzig v. MacLean
... 340, 342, 540 SE2d 804, 806 (2000) ("[T]he findings and conclusions of the trial court must
comport with [the] case law regarding child custody matters."); see also Concerned Citizens v.
Holden Beach Enterprises, 329 NC 37, 54-55, 404 SE2d 677, 688 (1991) ("When the order ...
In re THT
... In re Montgomery, 311 NC 101, 109, 316 SE2d 246, 251 (1984) (emphasizing that "[t]he
fundamental principle underlying North Carolina's approach to controversies involving child
neglect and custody [is] that the best interest of the child is the polar star"); see also NCGS § 7B ...
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