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Parental Alienation in Family Court

4/23/2017

9 Comments

 
Updated 8/24/2021
Unhappy Family
​Parental Alienation Syndrome (“PAS”) was first termed by Dr. Richard Gardner in the early 1980’s as a disorder resulting from the brainwashing of a child against the other parent that primarily arises during custody disputes. It is important to note that “parental alienation syndrome” has not been recognized as a disorder by the American Psychological Association, the American Psychiatric Association, or the American Medical Association. 
Even though PAS may not be universally recognized as science, “parental alienation” is a term frequently used in Court to describe systematic and specific actions of one parent intended to alienate a minor child from the other parent. Judges across the country approach this subject very differently with some dismissing the argument even when presented by a medical expert while other Judges appear open if not to the syndrome then at least to the idea of “parental alienation.” It is important to discuss with your family law attorney how your Judge may react to allegations of parental alienation whether being presented by you or the other parent. Keep in mind that some parents raise allegations parental alienation whenever they have been accused of abuse or when they feel they are not receiving adequate visitation. That being said isolation of a minor child from a non-custodial parent does give ample opportunity for a primary caregiver to unduly influence an impressionable minor child regardless of age.

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9 Comments

Facebook Evidence in Divorce Cases

3/19/2017

0 Comments

 
Updated 4/24/2019
Facebook
A Pennsylvania case, Largent vs. Reed, in ruling that a Facebook account was not privileged bluntly announced “only the uninitiated or foolish could believe that Facebook is an online lockbox of secrets.” Keep in mind that ruling was way back in 2011, when Twitter, Instagram, Vine, and Snapchat were still new or yet to exist. Social media continues to infiltrate our lives and it is critical to understand the “treasure trove” of information in cyberspace that can win or lose your case in Court. Facebook alone has over a billion users and Facebook is cited in 1/3 of divorce cases! 
Certain information posted on Facebook may be admissible even if posted without your knowledge or consent such as being tagged in a picture. This article will explore some of the issues related to Facebook evidence in divorce cases as interpreted by various Courts across the country.

Useful evidence from Facebook profiles

  • Relationship status
  • Pictures of partying or drinking
  • Pictures of vacations or spending
  • Messages and posts boasting about income and purchases
  • Geo-tag location data from pictures
  • Disparaging posts about the other party
  • Employment and income information

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Are student loans marital debt in NC?

3/12/2017

0 Comments

 
Updated 11/16/2021
Student Loan Debt
​
​There is a presumption in North Carolina that all assets and debts that are part of the marital estate are to be divided equally between the parties. Where things get tricky is the classification of certain assets or debts as marital verus separate. Student loans of either the Husband or Wife accumulated during the marriage can prove especially difficult to classify. 

​​There is no automatic presumption that debt accumulated during the marriage is marital debt, instead one party must show there was a ”joint benefit” to both parties to be classified as marital debt. North Carolina case law classifying student loans have ruled both ways as to when student loans created a “joint benefit” to the parties. Thus any examination of when student loan debt is marital debt in North Carolina is fact determinative and open to interpretation by the Judge. Let’s take a look at some of the recent case law regarding student loans in equitable distribution cases in both North Carolina and other jurisdictions.

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Invasion of Privacy in NC

2/12/2017

24 Comments

 
Private Investigator
It is important to note that privacy issues relating to the law are changing rapidly with the advent of new technology and the law is constantly trying to catch up. Furthermore, with the interaction of Federal and State law it is important to speak with a licensed attorney familiar with the current law in your State before even attempting to decide whether any action you take may run afoul of the law and open you up to criminal prosecution or civil liability. 
​Some of the areas to be explored in this article include recording telephone calls, recording secret video, hiring a private investigator, placing a GPS on someone’s car, and looking at someone’s email or hacking into their computer. The bottom line is- proceed with extreme caution, as there are numerous potential pitfalls in this ever changing area of the law and you certainly don’t want to have a case named after you.

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Legal vs Physical Custody in NC

1/15/2017

2 Comments

 
Definition
Legal Custody involves decision making authority whereas physical custody refers to where the child lives. By default in North Carolina there is shared joint legal custody between legal parents. Who the child lives with most of the time may essentially be exercising physical custody, but without a court order it is not legally enforceable. So what exactly are the consequences of having either legal or physical custody when it comes to children in NC?

Why Custody matters

​Custody determines the rights of each parent. Do you want the child to live with you full time or are you only looking for visitation? Do you want to have a say in where the child attends school or church? Do you want to make major medical decisions or are you open to compromising with the other parent? Remember that just because you get along now does not mean you will in the future. There is no right or wrong answer to child custody, but remember Court Orders are not necessarily easy to change and if there is no Court Order getting in front of a Judge can take months.

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​110 E Jefferson St.
Monroe, NC 28112

(704) 493-6851​

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Contact us
  • Home
  • Firm Info
    • Contact Us >
      • Directions to Monroe office
    • Attorney Profiles >
      • Jason D. Witt
    • Fee Schedule
  • Family Law
    • Child Custody
    • Child Support
    • Divorce
    • Property Division
    • Alimony and Post-Separation Support
    • Separation Agreements
    • Domestic Violence Protective Order
  • Criminal Law
    • Traffic/DWI >
      • Traffic Tickets
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      • Driving While Impaired
    • Misdemeanors
    • Felonies
    • Expungements
  • Other Areas
    • Bankruptcy Law >
      • Personal Bankruptcy
      • Chapter 7 vs. 13
      • Bankruptcy Myths
      • NC Bankruptcy Exemptions
      • Bankruptcy Means Test
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  • Blog