Whitakers Child Custody Lawyer, North Carolina

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Christopher Lusby
About | Practice Areas
Lusby & Stokes Attorneys, P.A
2860 Ward Blvd Suite A Wilson, NC 27893» view map
Divorce & Family Law
Changing What You Think A Lawyer Should Be

We are consistent, patient and professional, giving each new case the attention it deserves.

800-966-5430
1. Christopher Lusby Wilson, NC
  Attorney at Law - NC, 2017
  Campbell University J.D. 2017
2. AboutLusby & Stokes Attorneys, P.A.
  At Lusby & Stokes, P.A., we are a new kind of law firm for a changing world.
3. Practice AreasExpertise
  Divorce & Family Law
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Includes: Guardianships & Conservatorships, Custody & Visitation

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800-814-6700

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LEGAL TERMS

STEPCHILD

A child born to your spouse before your marriage whom you have not legally adopted. If you adopt the child, he or she is legally treated just like a biological ... (more...)

A child born to your spouse before your marriage whom you have not legally adopted. If you adopt the child, he or she is legally treated just like a biological offspring. Under the Uniform Probate Code, followed in some states, a stepchild belongs in the same class as a biological child and will inherit property left 'to my children.' In other states, a stepchild is not treated like a biological child unless he or she can prove that the parental relationship was established when he or she was a minor and that adoption would have occurred but for some legal obstacle.

CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA)

A federal law requiring that employers offer employees -- and their spouses and dependents -- continuing insurance coverage if their work hours are cut or they ... (more...)

A federal law requiring that employers offer employees -- and their spouses and dependents -- continuing insurance coverage if their work hours are cut or they lose their job for any reason other than gross misconduct. Courts are still in the process of determining the meaning of gross misconduct, but it's clearly more serious than poor performance or judgment. COBRA also makes an ex-spouse and children eligible to receive group rate health insurance provided by the other ex-spouse's employer for three years following a divorce.

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.

PROVOCATION

The act of inciting another person to do a particular thing. In a fault divorce, provocation may constitute a defense to the divorce, preventing it from going t... (more...)

The act of inciting another person to do a particular thing. In a fault divorce, provocation may constitute a defense to the divorce, preventing it from going through. For example, if a wife suing for divorce claims that her husband abandoned her, the husband might defend the suit on the grounds that she provoked the abandonment by driving him out of the house.

PHYSICAL CUSTODY

The right and obligation of a parent to have his child live with him. Compare legal custody.

ADOPTION

A court procedure by which an adult becomes the legal parent of someone who is not his or her biological child. Adoption creates a parent-child relationship rec... (more...)

A court procedure by which an adult becomes the legal parent of someone who is not his or her biological child. Adoption creates a parent-child relationship recognized for all legal purposes -- including child support obligations, inheritance rights and custody.

SEPARATE PROPERTY

In community property states, property owned and controlled entirely by one spouse in a marriage. At divorce, separate property is not divided under the state's... (more...)

In community property states, property owned and controlled entirely by one spouse in a marriage. At divorce, separate property is not divided under the state's property division laws, but is kept by the spouse who owns it. Separate property includes all property that a spouse obtained before marriage, through inheritance or as a gift. It also includes any property that is traceable to separate property -- for example, cash from the sale of a vintage car owned by one spouse before marriage-and any property that the spouses agree is separate property. Compare community property and equitable distribution.

FAULT DIVORCE

A tradition that required one spouse to prove that the other spouse was legally at fault, to obtain a divorce. The 'innocent' spouse was then granted the divorc... (more...)

A tradition that required one spouse to prove that the other spouse was legally at fault, to obtain a divorce. The 'innocent' spouse was then granted the divorce from the 'guilty' spouse. Today, 35 states still allow a spouse to allege fault in obtaining a divorce. The traditional fault grounds for divorce are adultery, cruelty, desertion, confinement in prison, physical incapacity and incurable insanity. These grounds are also generally referred to as marital misconduct.

IRRECONCILABLE DIFFERENCES

Differences between spouses that are considered sufficiently severe to make married life together more or less impossible. In a number of states, irreconcilable... (more...)

Differences between spouses that are considered sufficiently severe to make married life together more or less impossible. In a number of states, irreconcilable differences is the accepted ground for a no-fault divorce. As a practical matter, courts seldom, if ever, inquire into what the differences actually are, and routinely grant a divorce as long as the party seeking the divorce says the couple has irreconcilable differences. Compare incompatibility; irremediable breakdown.

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 Â§ 7B ...

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Whitakers Child Custody Lawyer, North Carolina

Sponsored Law Firm

Lusby & Stokes Attorneys, P.A

SPONSORED LAWYERS

H. Lawrence Armstrong

David C. Braswell

Nana A. Mah'Moud

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LEGAL TERMS

STEPCHILD

CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA)

IRREMEDIABLE OR IRRETRIEVABLE BREAKDOWN

PROVOCATION

PHYSICAL CUSTODY

ADOPTION

SEPARATE PROPERTY

FAULT DIVORCE

IRRECONCILABLE DIFFERENCES

SAMPLE LEGAL CASES

Mason v. Dwinnell

Heatzig v. MacLean

In re THT

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