Griffin Law, PLLC

01/07/2023

HOW CAN I CHANGE MY CHILD CUSTODY ORDER?

Although they are often called "permanent child custody orders," in North Carolina there is really no such thing. Child custody orders are always subject to modification upon one party demonstrating to the Court there has been a substantial change of circumstances that affects the minor child(ren). However, this isn't always as easy as it sounds.

SUBSTANTIAL CHANGE IN CIRCUMSTANCES

Before a Court will consider modifying a child custody order, it must see evidence there has been a substantial change in circumstances since the order currently in place was entered. This could be a myriad of things: a major relocation, the child is suddenly not doing well in school, one party has started placing the child(ren) in a negative situation or around negative people, a change in one party's employment schedule, etc.

An important point to remember here is the change in circumstances must have occurred after the order in place was entered. For instance, if the child was struggling in school when the current order was entered, it is not a change in circumstances that the child continues to struggle.

AFFECTING THE WELFARE OF THE MINOR CHILD(REN)

It is not enough to show some change in circumstances. To modify the order the Court must find that the change in circumstances directly affect the child(ren). A connection must be demonstrated, not just assumed. For instance, if a party wishes to relocate a great distance from the other party and desires the Court consider letting the minor child move, the Court will likely need to see evidence of how the move will positively affect the child(ren). Are the schools factually better? Is there more opportunity for the child in the new area? This, of course, would need to be strongly supported to offset the fact that the minor child will likely have less time with the other party after the move. In this example, the non-moving party would want to show how such a move would negatively impact the child. How good is the minor child's current social group? Is the child involved in extracurricular activities he or she may not be able to be involved in at the new location?

BEST INTEREST OF THE MINOR CHILD(REN)

Only if the Court is convinced there has been a substantial change of circumstances that in fact affects the child(ren) will it apply the ultimate test - what is in the best interest of the child(ren). If the Court finds there has not been a change of circumstances that affects the child(ren), the current order will remain intact.

10/21/2022

TWO KEY POINTS ABOUT DIVORCE IN NORTH CAROLINA

When starting the divorce process in North Carolina, you may have a lot of questions. The process can be confusing because of all the legal aspects. It may not help that you are also probably going through a lot of emotions and would rather be doing anything else other than dealing with the divorce process.

With that in mind, here are two key points you should know about getting a divorce in North Carolina.

1. You must first have a legal separation -

To file for divorce, the law requires you be separated from your spouse for a minimum of one year. Separation is when you live in separate homes with the intention of this being a permanent situation. While it is often a good idea to have this separation formalized in a legal document, it is not absolutely necessary.

2. You can handle important issues prior to filing for divorce -

While you cannot file for divorce until you have been separated for a year, you can file to determine child custody, divide property, and alimony any time after you have physically separated. It is usually advisable to handle these issues quickly after separation. It should also be noted that you must file for property division and/or alimony prior to a judge signing a divorce judgment or you lose the right to file under North Carolina law. These claims do not have to be resolved prior to the divorce judgment being signed, but they must be filed in order to be preserved.

02/17/2022

3 TIPS FOR TELLING KIDS ABOUT DIVORCE

One of the greatest challenges with getting divorced for many parents involves breaking the news to their children. For any number of reasons, people decide they no longer work as a married couple. After making the difficult decision to dissolve their marriages, those with children must take the next step of explaining it to their kids and helping them cope with how their lives will change.

Preparing ahead of time helps some make the most of these difficult discussions with their children, putting themselves and their families in the best positions to heal and move forward.

PLAN FOR THE TALK

According to Psychology Today, when getting divorced, many parents find it helpful to plan with their spouses what they will tell their children when breaking the news of their split. Doing so often aids with sending a message of reassurance and love and avoids acting impulsively or emotionally when having this talk. Families typically benefit from having such talks altogether and when they have some time to spend together to react to and deal with the news.

PREPARE FOR POSSIBLE REACTIONS

Some kids express sadness or anger upon hearing their parents plan to divorce. Others feel a sense of relief or have no reaction at all. Parents should prepare for their children to react in some way and accept those responses when they come. Although they must make sure to not let their emotions get too out of hand, showing upset or letting their kids see them cry may help parents reassure their children that they can and should feel their feelings about the situation.

GET HELP IF NEEDED

According to WebMD.com, some children develop behavioral issues during or after their parents’ divorce. Older children sometimes have aggressive or angry outbursts, while younger kids occasionally show regression – having bedwetting, clinginess or other such issues. If their children show signs of struggling with the divorce, parents may find it helpful to seek professional assistance.

Going through a divorce affects everyone involved, especially the kids. Taking steps to help ease the process may aid parents in supporting their children as they adjust to and cope with these types of major life changes.

Call us if you need help with a Family Law matter, 704-873-5500.

https://www.jgriffinlawyer.com/

12/23/2021

Merry Christmas from us to you! We encourage you to share the Christmas Spirit with those you love, and maybe some you're not sure about.

Need help with a family law matter or criminal defense in North Carolina? Call Griffin Law, PLLC, and put a skilled lawyer in your corner: office.

10/26/2021

REDUCING STRESS DURING A DIVORCE?

Feeling tired and overwhelmed while in the middle of a divorce is a common problem many people have. Separation and divorce can be one of the most stressful times in a person’s life. When this stress starts to interfere with your daily life and your parenting, it may be time to find a better way to handle it.

Give Yourself time

According to Marriage.com, one of the biggest mistakes you could make is rushing your recovery from a divorce. Trying to ignore or push down your emotions about the separation can leave you feeling emotionally drained. Giving yourself time and space to get used to this significant life change is important. Giving your children a chance to recover and adjust is important too.

Try a new activity

While you may feel like you need to ruminate on old problems or what went wrong in your marriage, the healthiest thing to do is to focus on the future. Taking up a new hobby can help you focus any extra time or energy on something healing.

Fight the urge to withdraw from everyone or hide away and not talk. Instead, try a new hobby or join a support group for recently-divorced people. Reaching out to form new bonds can help you feel less stressed about life after a divorce.

Learn what you can control

As you may search for ways to improve your mental health, trying to plan ahead for long-term issues may feel like a struggle. Knowing the difference between what problems you can control and the ones you cannot is an important step. Understanding and accepting your limits, as well as focusing on everyday problems instead of unsolvable ones, will keep you from feeling overwhelmed and stressed.

Legal counsel can be of great assistance in helping you understand what you can control and what you cannot. If you need help with your separation, or just have a few questions, give us a call.

For more information, visit our website: https://www.jgriffinlawyer.com/

At Griffin Law, PLLC we focus on family law (divorce, child custody, and property distribution) and

06/29/2021

IS IT TOO EARLY TO TELL YOUR CHILD ABOUT DIVORCE?

After deciding that a divorce is the right choice for you, what next? You will need to prepare yourself for the emotional and legal hurdles any divorcee would face. But as parents, you must also consider your child.

One of the first questions you must ask is: When should we break the news? Unfortunately, there is no clear-cut answer to this question. However, some options are better than others.

GIVE YOUR CHILD TIME TO PROCESS

As Psychology Today points out, it is more common for parents to tell their child about divorce too late. Parents often struggle with the notion that they will contribute to their child’s hardships and suffering. But pretending that a problem does not exist is no way to cope.

What your child needs is time to process and understand what will happen now and in the future, as well as space to go through the emotional process. Your child also needs time to sort through questions and ask them, and you need time to formulate your answers. The only way any of you get this time is if you tell your child about your plans for the future.

PLAN YOUR DISCUSSION IN ADVANCE

At the same time, you should not necessarily rush into a discussion immediately. Get a little planning done first. Work with your co-parent to decide what you want to say. Try to predict what questions your child may have and formulate your responses to them.

This is also a great time to decide what information is “off limits” to your kid. Finally, take this conversation as a chance to reinforce your love for your child. Having that emotional support can make accepting the rest of the divorce much easier.

https://www.jgriffinlawyer.com/blog/category/child-custody/

At Griffin Law, PLLC we focus on family law (divorce, child custody, and property distribution) and

05/29/2021

We at Griffin Law, PLLC invite you to ponder all you have and remember those who fought to secure your liberty in this great land. We are grateful to those who sacrificed all.

05/18/2021

Some of the most important decisions in your child's life are made by you, often during emotionally difficult times. Choose counsel wisely. Call us at Griffin Law, PLLC for caring and experienced advice. We can help! (704)873-5500.

12/24/2020

To all, Merry Christmas from Griffin Law, PLLC!