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Winston Salem Family Law Blog

The pros and cons of a custody case

When you get a divorce, you have to work through child custody issues and determine where your child will live and when he or she will see each parent. After some time, you may find that you wish to take on a larger role in your child's life or that you need to keep your child away from a dangerous or negligent parent.

In that case, you'll need to have the custody order changed. This can stir up some problems, but there are also benefits.

What are some things to include in a prenuptial agreement?

A prenuptial agreement is sometimes looked at with disdain, but the truth is that this is an important document that can save you time and money if you ever go through a divorce. A prenuptial agreement has many important pieces of information listed inside. For instance, it may state all your premarital assets and debts, so you can identify them easily upon divorce.

Another thing that is listed in many prenuptial agreements is the arrangement for assets you'll combine upon marriage. For example, if you plan to combine your bank accounts or student loans by consolidating them, you'd list that information in the prenuptial agreement as well.

Death and divorce: What happens when you're widowed and separate?

A divorce is tragic enough, but in some terrible circumstances, spouses could pass away during the process. What happens if that happens to you? Does it affect the course of your divorce, since it was already in progress?

For most situations, you'd instantly become a widow or widower and be entitled to all the traditional benefits of any other spouse. Having an unusual status while being separated doesn't necessarily negate how the courts distribute property after a person's death, particularly if you are still technically married.

3 tips for parents with joint custody

Joint custody can be a great solution to custody concerns following a divorce. It allows you and your ex-spouse to spend time with your child while both getting to make important decisions about your child's welfare.

To make a joint custody situation work out well, it's important to be civil with your ex-spouse. There are also a few other tips that could help you keep your situation calm and collected. Here are three to try.

Try these coping mechanisms to get through your divorce

When you're going through a divorce, it's important to take some time for yourself to relax and recover. This is an emotionally difficult time for you, and it can cause financial strain as well. No matter what you're going through, it's most important that you take care of your physical and mental health.

When you make the decision to get a divorce, it starts a long, sometimes argumentative process. It isn't just you who is impacted. Your spouse, children and families may also be affected. That can lead to a lot of stress, so try to focus on the positives as much as you can during this time.

What you need to know about adoption in North Carolina

If you are interested in adoption, one of your main questions may be, "Who can adopt?" There are many myths surrounding the requirements to adopt. In truth, there are only a few different requirements you must meet.

For example, did you know that you don't have to own a home to adopt a child? You may rent, own a home, own a trailer or be housed in other ways and still be able to adopt. The primary concern in these cases is that a child has a secure, safe place to live.

Parental rights and domestic violence: Custody rights

After allegations of domestic violence, a court is more likely to be conservative when determining custody arrangements. One concern is that the once-abusive party could become abusive toward his or her child. This is why it's important for all aspects of the case to be discussed before custody cases are determined.

It's believed that at least 3 million children witness domestic violence each year. These children are exposed to violence even when they are not victimized themselves. This is a large problem and can affect the child's psychological health.

Disestablishing paternity: A father's right within reason

When two people are getting a divorce and have a child together, it's normal for the primary custodian to receive child support payments from the other parent. In the case that a man and woman are getting a divorce and a man is not sure that a child is his, he may ask for a DNA test to verify paternity before he pays child support to provide for a child he believes may not be his.

In the past, husbands almost always had the right to stay a child's father whether or not the DNA returned a positive match. Today, this is changing. Simply allowing a husband to stay the legal father isn't always the best answer, because that could be hurting the rights of a third party, the child's biological parent. Sometimes, men want to disestablish paternity if they discover they are not the true parent of the child.

Are pets assets or do judges award custody?

Pets are commonplace in households in the United States, and they definitely can fall into the middle of a dispute in a divorce. Many couples choose to forego having children, and pets may be treated so much like family that neither person wants to give them up. What happens when a pet is in the middle of its owners' contentious divorce?

Are pets legally assets, or are they treated like children with custody rights awarded?

2 tips for including your child in parenting plan decisions

Your child is young, and you're not sure he understands what it means that you're going to get a divorce from his father. You know that you have to make a parenting plan and work out custody-related issues, but you're still trying to understand how to explain it to your child.

When you're ready to create a parenting plan, it can be a good idea to include your child in the discussion. Depending on your child's age, that might be hard to do, but you can use age-appropriate discussions to help your child feel that he has a say in what happens.

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