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Wilmington Legal Issues Blog

Why does my child misbehave?

Being a single parent in North Carolina is no easy feat. This is especially true when your child is acting out, and it’s important to get to the root of the issue if you hope to stop bad behavior. If you feel as though you’re at your wit’s end, Very Well Family offers the reasons why kids commonly misbehave, as well as what you can do about the matter.

Kids like to test parental limits

Upholding grandparents' rights for visitation

There is little doubt that, as a grandparent, you play an important role in the lives of your grandchildren. Unfortunately, maintaining these relationships after a major life event -- such as divorce or the death of an adult child -- is often difficult. However, you are not without options. 

Seeking visitation with your grandchild is possible, although you will have to meet certain conditions in North Carolina statutes. Like with many family law issues pertaining to minors, the court will ultimately consider whether your continued relationship is within the best interests of your grandchild.

How can I cope with my divorce?

Divorce is rarely easy, but it’s especially hard when it’s unwanted. In this case, you may lack the motivation to move forward after your marriage ends, which is crucial to make the most out of your life. In this case, Live About offers the following tips, which will help you recover from divorce.

Give yourself time

What to expect at a DUI checkpoint

Chances are that at some point over the holidays, North Carolina police will conduct sobriety checkpoints. These checkpoints are legal in most states, but that does not always mean police will protect your rights.

Despite the approval of DUI roadblocks by the U.S. Supreme Court, many feel they violate a driver's constitutional rights. It is important for you to know how far police can go if they stop you during a checkpoint. Understanding what is supposed to take place at a roadblock may help you avoid negative consequences.

Modifying your child support order

Those who have to pay child support are likely well aware of the different challenges that may get in the way of their ability to make payments. From losing a job to suffering from a medical condition, there are all sorts of hardships that can make it difficult (or impossible) for someone who is obligated to pay child support to stay caught up. However, some may not know that there are certain options for some people who are facing these problems. For example, the modification of a child support order may be possible for someone who has experienced major changes to their finances.

If your financial circumstances have changed considerably, because you lost a job or are unable to stay current due to a recent health scare, you may want to look into child support modification. Modifying your child support order could be one way to lower your payments and make them fit your budget better. Unfortunately, some non-custodial parents have overlooked this option and simply fallen behind, which can open up a can of worms and lead to all sorts of consequences.

What is the law regarding writing a bad check?

Making an occasional mistake with your checking account is something everyone has done at one point or another in North Carolina. This is usually something you handle on your own with no major issues except perhaps some fees from your bank. This situation becomes a problem, according to the North Carolina General Assembly, when you knowingly write a bad check.

It is one thing to mistakenly write a check that does not clear, but when you write a check that you know will not clear, you break the law. In fact, writing a bad check can be a misdemeanor or felony charge, depending on the amount of the check.

How can I keep conflict to a minimum over the holidays?

Have you recently gone through a divorce in North Carolina? If so, you may be dreading the upcoming holiday season due to all the possible stress it will hold, from creating a reasonable schedule to facing difficult family members. While you can’t always control the actions of your loved ones, offers the following tips on how you reduce stress associated with the holidays.

If you have kids, scheduling the holidays with your ex can be quite a chore. In this case, consider splitting up the holidays so each of you has time with your kids to visit your respective families. For instance, you can take your kids on Thanksgiving, so your ex can take them Christmas or other holidays. Not only will this prevent the stress of visiting multiple locations on a single day, it will also ensure your children will get to spend time with the entire family.

Consequences of drinking on a North Carolina college campus

If you are 21 or older, then you may legally buy or consume alcohol in North Carolina or any other state. Each state has its own laws regarding issues such as drinking and driving. Like most conscientious citizens, you no doubt make sure you understand such laws according to your circumstances, such as where you are, who you are with and what you are doing while imbibing.

If you live on a college campus, your school may have its own regulations regarding alcohol; in fact, some schools ask certain students to sign honor code agreements wherein they promise to abstain from drinking alcohol, smoking or other activities. If you break your agreement, it may lead to your expulsion. There are numerous potential consequences associated with drinking in college; the more you know ahead of time, the better prepared you can be to address any problems that arise, especially if such problems involve legal issues.

Tackling the issue of parental relocation

It is not uncommon for many who are recently divorced to want to move away from Wilmington. Most may do so with the blessing of their ex-spouses provided that children are not involved. When a divorced couple shares custody of children, then one parent moving can drastically alter the other's access to the kids. The fear is that a parent may do this simply as a way of "getting back" at their ex-spouse. Therefore, the court does offer some recourse to non-relocating parents in these situations. 

Per Section 50-13.7 of North Carolina's General Statutes, a parent can petition the court to have their custody agreement modified (or even vacated) if they can show that there is good cause to do so. In the case of parental relocation, one might argue that allowing their ex-spouse to relocate with the couple's kids without modifying their custody agreement would place undue strain on their parental relationship with their children. Like most states, North Carolina follows the assumption that it is in the best interest of children to continue to have relationships with both their parents. Contesting a relocation by seeking a custody modification places the burden on the relocating parent to show the court why their move is necessary and why it may not warrant a change in their custodial situation. 

Factors to consider when drafting a parenting plan

The terms of your parenting plan will have a significant and lasting impact on your life and the lives of your children. It is in your interests to ensure that the terms are fair and sustainable and will allow your kids to have security and stability well into the future. There are certain steps you can take to ensure that all final agreements are practical and beneficial. 

When North Carolina parents choose to work on the terms of their parenting plan instead of resorting to litigation, it is likely because they are committed to making a plan that will work best for their kids. If this is your goal, you would be wise to consider various factors. Along with the best interests of your kids, you may also take steps to protect your parental rights. 

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