Right Choice!
Practice Areas
Civil Rights | Criminal Law | Absolute Divorce | Child Custody | Child Support | Personal Injury | Expungements | Estate Planning
Expunctions
- convictions and other matters based on the age of the person at the time of the offense or the age of the offense;
- dismissals, diversions, and other dispositions that do not constitute a conviction;
- drug offenses; and
- offenses identified by the General Assembly as involving circumstances that lessen the defendant’s culpability or otherwise warrant relief, such as certain prostitution and gang offenses.
Family Law -
Child Custody
In order for a court to grant custody, the court must find that the person is a fit and proper person to have custody and that custody with that person is in the best interests of the children. There is not a presumption favoring mothers over fathers. All other things being equal, mothers and fathers have equal rights to the custody of their children. There is a presumption favoring natural parents over third parties, such as grandparents, aunts, and neighbors. Natural parents have protected rights to parent their own children. However, natural parents can lose those protected rights if they take action that is inconsistent with the best interests of the children.
Sole custody means that one person has primary physical custody of a child and decision-making power over that child. Joint custody means shared custody. It does not necessarily mean equally shared physical custody. When parents have joint custody, they share in major decisions about a child, and typically each parent has the child more than every other weekend. For joint custody to be successful, the parents need to be able to communicate effectively and to cooperate in parenting their child together.
Custody may be agreed upon by the parties. If it is, the parties may set out the terms of their custody agreement in a Separation Agreement. This agreement is usually not filed with the court. If the parents are unable to agree on their own, they can try mediation or arbitration. If they do not wish to try mediation or arbitration, they can go to court and let a judge decide.
Custody and visitation arrangements are always subject to change when circumstances affecting the child’s best interests change substantially.
Family Law -
Child Support
If both parties’ combined income is less than $240,000 per year, child support is determined based on the North Carolina Child Support Guidelines. There are generally four numbers that are needed to calculate child support: 1) Mother’s gross monthly income; 2) Father’s gross monthly income; 3) Children’s portion of the monthly health insurance premium; and 4) Work-related childcare costs. If either parent has other children in the home or for which he or she pays child support, those numbers are included in the calculation as well. There are different worksheets used in the calculation depending on the custodial arrangement. The Guidelines and the worksheets are available at the Clerk of Court.
Child support generally terminates when a child turns 18 or graduates from high school, whichever occurs later. If the child turns 18 before graduation, child support continues until graduation. If the child graduates before turning 18, child support continues until the child turns 18. Child support may terminate earlier or extend later but only in certain rare circumstances.
Either parent may seek a change (increase or decrease) in child support at any time if a substantial change in circumstances has occurred after the order was entered by the court. A substantial change in circumstances is presumed by the court if the request to change the support order is made three or more years after the entry of the order and there is a 15% differential between the amount of support being paid and the amount of support that would be required with new calculations under the Guidelines.
Cite: This Is Law Pamphlet, Child Custody/Visitation and Child Support, Sponsored by the North Carolina Bar Association
Personal Injury
Personal injuries can take a huge toll on your life. You may encounter multiple visits to the doctor and overwhelming piles of medical bills. Loss time from work and restrictions in normal daily activities can lead to emotional stress.
When you or a loved one have been involved in a motor vehicle accident you need advocates determined to do whatever is necessary to get you justice and relief. Allow the team at CCL LAW Office to work with you, while working for you in obtaining the relief you deserve.
We are here to help with personal injury claims stemming from auto accidents as well as injuries resulting from other accidents such as slip and falls. Contact us today to discuss your potential claims against the at-fault party.