Navigating Holiday Visitation and Parenting Plans in North Carolina
By Adkins Law, PLLC Can One Parent Prevent Holiday Visitation? The holidays can be some of the most emotionally charged times for families navigating separation or divorce. You might wonder: “Can I prevent my ex from spending the holidays with our children?” The simple answer is no—unless there's a court order stating otherwise, holidays and ...
Lessons from Pocoroba v. Gregor and Durbin v. Durbin: Contempt, Custody, and Protecting Rights in Family Court
Family law cases often sit at the intersection of personal conflict and legal procedure. Two recent North Carolina appellate opinions—Pocoroba v. Gregor and Durbin v. Durbin—demonstrate how courts address contempt findings in protective order cases and how escalating conflict between parents can justify custody modifications. Case One: Pocoroba v. Gregor In Pocoroba v. Gregor, the ...
Renewing a DVPO Requires Good Cause: Lessons from Roy v. Martin
The North Carolina Court of Appeals recently reversed a trial court’s renewal of a Domestic Violence Protective Order (DVPO) in Roy v. Martin. The case highlights the evidentiary burden required to extend a protective order, particularly when the original DVPO was entered by consent and without findings of fact. Case Background - Parties: Courtney Roy ...
Rights of Third Parties in North Carolina Custody Cases: What Parents Need to Know
In North Carolina, child custody disputes often involve not just parents, but also grandparents, relatives, or even third parties like the Department of Social Services (DSS). At the heart of these disputes lies a key question: What rights do natural parents have compared to third parties? The North Carolina Supreme Court and Court of Appeals ...
Stipulations, Invited Error, and Equitable Distribution: Lessons from Smith v. Smith
The North Carolina Supreme Court recently addressed a dispute in Smith v. Smith that highlights how stipulations between parties in equitable distribution can be challenged—and how a party’s own trial strategy can limit their appeal options. The Court’s ruling affirms important principles about stipulations, motions to set them aside, and the doctrine of invited error. ...
