Traphill Child Support Lawyer, North Carolina
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LEGAL TERMS
SOLE CUSTODY
An arrangement whereby only one parent has physical and legal custody of a child and the other parent has visitation rights.
LAWFUL ISSUE
Formerly, statutes governing wills used this phrase to specify children born to married parents, and to exclude those born out of wedlock. Now, the phrase means... (more...)
Formerly, statutes governing wills used this phrase to specify children born to married parents, and to exclude those born out of wedlock. Now, the phrase means the same as issue and 'lineal descendant.'
UNCONTESTED DIVORCE
A divorce automatically granted by a court when the spouse who is served with a summons and complaint for divorce fails to file a formal response with the court... (more...)
A divorce automatically granted by a court when the spouse who is served with a summons and complaint for divorce fails to file a formal response with the court. Many divorces proceed this way when the spouses have worked everything out and there's no reason for both to go to court -- and pay the court costs.
POT TRUST
A trust for children in which the trustee decides how to spend money on each child, taking money out of the trust to meet each child's specific needs. One impor... (more...)
A trust for children in which the trustee decides how to spend money on each child, taking money out of the trust to meet each child's specific needs. One important advantage of a pot trust over separate trusts is that it allows the trustee to provide for one child's unforeseen need, such as a medical emergency. But a pot trust can also make the trustee's life difficult by requiring choices about disbursing funds to the various children. A pot trust ends when the youngest child reaches a certain age, usually 18 or 21.
SHARED CUSTODY
See joint custody.
NEXT FRIEND
A person, usually a relative, who appears in court on behalf of a minor or incompetent plaintiff, but who is not a party to the lawsuit. For example, children a... (more...)
A person, usually a relative, who appears in court on behalf of a minor or incompetent plaintiff, but who is not a party to the lawsuit. For example, children are often represented in court by their parents as 'next friends.'
FOSTER CHILD
A child placed by a government agency or a court in the care of someone other than his or her natural parents. Foster children may be removed from their family ... (more...)
A child placed by a government agency or a court in the care of someone other than his or her natural parents. Foster children may be removed from their family home because of parental abuse or neglect. Occasionally, parents voluntarily place their children in foster care. See foster care.
NEXT OF KIN
The closest relatives, as defined by state law, of a deceased person. Most states recognize the spouse and the nearest blood relatives as next of kin.
VISITATION RIGHTS
The right to see a child regularly, typically awarded by the court to the parent who does not have physical custody of the child. The court will deny visitation... (more...)
The right to see a child regularly, typically awarded by the court to the parent who does not have physical custody of the child. The court will deny visitation rights only if it decides that visitation would hurt the child so much that the parent should be kept away.
SAMPLE LEGAL CASES
New Hanover Child Support v. Rains
Pursuant to NC Gen.Stat. § 50-13.7(a) (2007), "[A]n order of a court of this State for support of
a minor child may be modified or vacated at any time, upon motion in the cause and a showing
of changed circumstances by either party...." Id. "Modification of a child support order ...
Mason v. Dwinnell
... acknowledges and agrees that their child's relationship with [Mason] should be protected and
promoted to preserve the strong emotional ties that exist between them;" and (5) "the parties desire
to make provisions regarding the support, custody and care of their child in the ...
In re MD
... awarded to her on 2 September 2005, Respondent-Father had "taken no other steps or made
no other acts [sic] which would demonstrate any filial affection for the children, except to contact
[Petitioner-Mother] after he was arrested for non[-]payment of child support in March ...
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