After reflection, NCGS 50-13.01 appears to be the first baby step in NC to join many other states looking to create a hard presumption of equal or joint custody when both parents are capable of sharing that responsibility. Whether 50/50 custody is a realistic possibility in your case mainly depends on what county you live in and what Judge is assigned to your case. To some counties and Judges they approach any custody dispute with a predefined idea of what “best interest” means. Some judges simply favor joint custody and others do not consider 50/50 custody a viable option. No matter if you are a mother or father the prospect of a judge given essentially unchecked power to decide your rights regarding your child is a frightening idea.
What does it mean to have 50 50 custody?
Equal custody means different things to different people. The two types of custody are physical and legal custody. The difference between physical and legal custody in NC is that legal custody goes to who can make decisions affecting the health and welfare of the child whereas physical custody goes to where the child lives and sleeps at night. A true 50-50 custody generally means the parents share joint legal and joint physical custody meaning no major decision can be made except by agreement and the minor child spends an equal amount of time or overnights with each parent.
Before the Consumer Financial Protection Bureau and consumer protections were strengthened it seems consumers didn't have much of an opportunity to even fight private arbitration "courts" that were bought and paid for by the banks. Although registration of arbitration awards as judgments seems to have ended in North Carolina there are many questions surrounding credit card debt explored herein including debt defense and debt settlement.
Can I be sued for credit card debt in NC?
Yes- Credit cards are legally allowed to sue when the borrower is in default. For some reason many individuals assume all creditors can do is put a negative mark on a borrower’s credit report. The bottom line is this- If banks could not sue for credit card debt they would stop issuing cards. Some of the main law firms that represent banks and debt buyers for credit cards lawsuits in North Carolina are listed below. The law firms below generally represent the plaintiffs listed and do not actually own the debt.
The impact of this change in the tax code regarding spousal support is national (not just North Carolina) and will effectively make divorce more expensive for many who rely on spousal support to maintain their standard of living. As the tax change of alimony applies to Court orders and separation agreements signed after December 31, 2018 those in the middle of divorce right now have just under a year to finalize any deal under the old/current law.
Even though a creditor such as Bank of America or Wells Fargo may only be able to sue the cardholder a North Carolina family court judge can order the other spouse to make payments or account for that debt in the dividing the marital estate via property division otherwise known as equitable distribution. Equitable does not always mean equal, but judges usually try and divide marital assets 50/50 to the extent possible absent a compelling reason for an unequal distribution.
As part of the same initiative, House Bill 280, which goes into effect on December 1, 2019, raises the minimum age to be charged as an adult to age 18 for most non-violent offenses. North Carolina was one of the last holdouts that charged 16 year old children as adults for any and all criminal offenses- now that mainly applies to serious felony and driving offenses.
New Expunction law changes in NC effective December 2021
New Expunction law changes in NC effective December 2017
NC Second Chance Act
On June 25, 2020 Governor Cooper signed State Bill 562, or the “Second Chance Act,” allows individuals with nonviolent criminal records to have multiple misdemeanor convictions expunged if it has been at least 7 years since their last conviction. The bill also provides for the automatic expunction of charges dismissed after December 1, 2021, although this apparently has been suspended due to the growing backlog. Be advised this change expanding expungement eligibility makes many of the blog responses to questions below outdated and incorrect. Make sure you always consult for an experienced attorney familiar with all the updated legislation for a specific analysis of your situation rather than rely on internet advice that may be flat wrong.