Wake Family Law Group

Raleigh Divorce Lawyers | Family Law Attorneys

Sokol Schilawski O’Shaughnessy Grace King & Mauney, PLLC

Raleigh, North Carolina
(919) 787-4040

  • Home
  • Divorce & Financial Issues
    • Divorce & Annulment
    • Separation Agreements
    • Equitable Distribution
    • Spousal Support
    • Children’s Issues
  • Children
    • Child Custody
    • Child Support
    • Termination of Parental Rights
    • Grandparents’ Rights
    • Adoption
    • Assisted Reproduction Law
    • Emancipation
  • Other Family Law Matters
    • Marital Agreements
    • Appeals
    • Domestic Violence
    • LGBT Families
    • Marital Torts
    • Incompetency & Guardianship
  • Professional Services
    • Arbitration
    • Mediation
    • Parent Coordination
  • About WFLG
    • Scheduling A Consultation
    • News
    • Our Support Team
  • Our Attorneys
    • Marc W. Sokol
    • Michael F. Schilawski
    • Helen M. O’Shaughnessy
    • Nancy L. Grace
    • Katie Hardersen King
    • Justin L. Mauney
    • Julianne B. Rothert
    • Kelley W. Cash
    • Melanie C. Phillips
    • Zachary J. Schilawski
  • Contact
    • Make secure payment
    • Send secure documents
You are here: Home / Archives for wflg-staff

How to Conduct Yourself in the Courtroom

April 29, 2019 by wflg-staff

By Melanie C. Phillips

Few people find themselves in a courtroom regularly, and if you have an upcoming hearing or trial for your family law case, you may be asking yourself what the proper decorum is in a courtroom. For those not in the know, here are some helpful tips:

  1. Dress nicely.  While you don’t necessarily need to wear a suit, wearing business casual dress attire demonstrates your respect for the court and starts you off on the right foot. Think what you would wear to church (if you attend) or for a job interview.
  2. Do not talk during a hearing out of turn.  You should generally not interrupt witnesses, attorneys, or the judge, or whisper to your attorney during a hearing. If you need to tell your attorney something, write it down. Also, keep in mind the microphones at each party’s table will probably pick up any whispering or “under your breath” comments you make on the court recording.
  3. It is customary to stand when you are speaking to the judge unless you are on the witness stand testifying.
  4. Do not grimace, shake your head at the opposing party or his attorney, or make inappropriate facial or body gestures during the hearing.  The judge is assessing your credibility and character from the bench, and he or she can see quite well from the bench.
  5. Do not bring witnesses or a support system with you who can’t follow these rules.  Judges can see everything from the bench (see #4), and this will reflect poorly upon you.

Filed Under: Divorce, Family Law

Spring Break and International Travel–get those documents ready!

April 8, 2019 by wflg-staff

By Nancy Grace

Thinking of taking a Spring Break trip with your kids out of the country?  Before you buy those plane tickets or make that hotel reservation, here’s some food for thought… minors under the age of 16 cannot apply for a passport by themselves.  Unless one parent has sole legal custody of the children under a court order, both parents and the child must appear in person to apply for the passport.  If only one parent appears, that parent must have the other parent’s signed, notarized consent on the State Department’s Form DS-3053.  In addition to a valid passport, many countries, like Mexico, require a parent traveling with a minor child without the other parent to have a notarized document from the other parent showing his or her consent to travel to that country.  So, before you start planning your Spring Break trip or summer vacation with your kids out of the U.S., it is a good idea to check out the valuable information on the U.S. Dept. of State’s website: www.travel.state.gov.

Filed Under: Custody, Family Law

Can my child testify in my child custody hearing?

December 28, 2018 by wflg-staff

By Melanie C. Phillips

Contrary to popular belief, there is no set age when children can testify and express their wishes for their living arrangements in a custody case. Rather, the court decides whether the child is of a “suitable age and discretion” to testify and express their wishes before the judge.   The judge will consider the child’s age and maturity level.  A major factor in determining the child’s competence is whether the child has the ability to understand the difference between a truth or lie.

If a child testifies, the attorneys typically will agree for the child to talk with the judge privately “in chambers” (the judge’s office) instead of in the courtroom in front of the parents.   Keep in mind, however, that even if the court determines that the child is of a suitable age and discretion to testify, the court has the discretion to decide what weight will be given to the testimony.  A court is not bound by the child’s wishes–regardless of the age of the child.

Filed Under: Custody, Family Law

What is court-ordered custody mediation?

December 14, 2018 by wflg-staff

By Zack Schilawski

If a party files a claim for child custody, the court will likely require both parties to attend mandatory custody mediation. In limited instances, the court may waive the requirement for “good cause.”   If you receive a notice ordering you to participate in the court-ordered mediation process, then you should be sure to attend and participate in the process in good faith unless mediation is waived.

In Wake County, the mandatory mediation will take place at the court house in front of a neutral third party (usually a non-lawyer) who will attempt to assist the parties in reaching a mutually- acceptable agreement.  The mediator has no decision-making authority.  If the parties are unable to agree, then the mediation will end, and the litigation process may continue.  If the parties are able to reach an agreement, the mediator will draft a written agreement and allow both parties to review the document and/or have their respective attorneys review the document, before entering it in a court order.

At a court-ordered mediation, the parties’ attorneys will not be permitted to be present or to participate.  Both of the parties and the mediator will sit together in the same room and attempt to reach a resolution to their custody issue.  It is important to remember that the proceedings are completely confidential.  No one involved in the mediation, including the mediator, may testify later about any communications that were made in an attempt to negotiate or resolve the custody dispute.  This is a useful feature of the mediation process which enables the parties to negotiate in good faith without fear that their comments might be used against them if negotiations break down.

Ultimately, mediation allows the parties to control the outcome and to determine whether an agreement is reached.  Additionally, you will be given the opportunity to discuss any potential agreement with an attorney before it is memorialized or finalized in a court order.

Filed Under: Custody, Family Law, Mediation

5 things NOT to do during your custody trial

November 20, 2018 by wflg-staff

By Melanie C. Phillips

Having to go to court to fight for your children may very well one of the most difficult things a parent ever has to do. The emotional, physical and financial toll of a custody lawsuit is not to be taken lightly and is often exacerbated by the fact that people in the midst of custody litigation have often just ended a marriage or significant relationship. While the circumstances in every custody case are unique, and there is no exhaustive list of things to do or not do, as an experienced family law litigator, I can say that in almost all cases, the following things won’t curry you favor with the judge:

  1. Play pass the baby. When you don’t have a custody order or parenting agreement in place, there isn’t much you can do to force the other parent to abide by what you believe to be a reasonable custody schedule. That being said, if your child’s mother or father is not allowing what you believe to be the appropriate schedule, now is not the time to show up at the other parent’s home (or the child’s school or daycare), forcefully take your child, and keep them all to yourself until your court date.  Indeed, I have seen parents play pass the baby for weeks or even months at a time, grabbing their child when they can and keeping them until the other parent takes them back. Don’t do this.  Your child is not a pawn, and children are the ones who suffer the most in these types of situations.
  2. Pick up a drug or drinking habit. Following the stress of an ending marriage and all that comes with having to start a new chapter in your life, it can be helpful to seek out healthy outlets such as group or individual therapy, exercise, and exploring hobbies you might enjoy. While it may be tempting, turning to drugs or alcohol is never a good idea. If evidence is presented at trial that suggests your child may be in danger while with you, a judge is going to have serious concerns about you spending time with them unsupervised.  Along the same vein, if you have a drug or alcohol problem, please get help immediately, for both you and your child.
  3. Move in with your hot new girlfriend (or boyfriend) of one month. No explanation needed, particularly if you intend to have overnight visits with your child. Don’t do this.
  4. Talk to your child about money, the divorce proceedings, and how terrible your ex is. A child should not be placed in the middle of an adult problem. This is what friends, therapy, and your attorney are for.  Moreover, in my experience judges like to see a parent who encourages a child’s relationship with the other parent, not try to tear the other parent down.  Take the high road.
  5. Post anything on social media you wouldn’t want to be exhibit A at your custody trial. This includes pictures of you at that rave, long rants about your ex, pictures of your gun collection, and the like.

Filed Under: Custody, Family Law

  • 1
  • 2
  • 3
  • Next Page »

We Can Help.

  • Submitting this form does not create an attorney-client relationship. Please no solicitations or employment inquiries via this form.

  • This field is for validation purposes and should be left unchanged.

News

  • How to Conduct Yourself in the Courtroom
  • Spring Break and International Travel–get those documents ready!
  • Can my child testify in my child custody hearing?
  • What is court-ordered custody mediation?
  • 5 things NOT to do during your custody trial

Practice Areas

  • Children
    • Adoption
    • Child Custody
    • Child Support
    • Emancipation
    • Incompetency & Guardianship
    • Assisted Reproduction Law
    • Termination of Parental Rights
  • Divorce
    • Divorce & Annulment
    • Equitable Distribution
    • Marital Torts
    • Separation Agreements
    • Spousal Support
  • Other Family Law Matters
    • Appeals
    • Domestic Violence
    • LGBT Families
    • Marital Agreements
  • Professional Services
    • Arbitration
    • Mediation
    • Parent Coordination

Raleigh Divorce Lawyer

Wake Family Law Group

Sokol Schilawski O’Shaughnessy Grace King & Mauney, PLLC

4350 Lassiter at North Hills Ave, Suite 360
Raleigh, North Carolina 27609

(919) 787-4040
(919) 787-4811

  • Facebook
  • LinkedIn
  • Twitter
secure pay Wake Family Law Group
  • About Wake Family Law Group
  • Our Attorneys
  • Separation and Divorce Process
  • FAQs
  • Child Support Calculator
  • Professional Services
  • Other Resources
  • News

WFLG on Facebook

October is Domestic Violence Awareness Month.

On average, nearly 20 people per minute are physically abused by an intimate partner in the United States. During one year, this equates to more than 10 million people.

Every 9 seconds in the US, a woman is assaulted or beaten.

Intimate partner violence accounts for 15% of all violent crime.

19% of domestic violence involves a weapon.

--National Coalition Against Domestic Violence. "Domestic Violence National Statistics."

If you or someone you know needs help, please contact your local domestic violence agency. In Wake County, our local agency is InterAct.

A state-wide list of domestic violence agencies is located at

https://nccadv.org/get-help
... See MoreSee Less

InterAct

interactofwake.org

1 week ago  ·  

WFLG on Facebook
·Share

Share on FacebookShare on TwitterShare on Linked InShare by Email

WFLG is proud to be a sponsor of this terrific event supporting Legal Aid of NC. ... See MoreSee Less

WCBA Bar Awards 2019

www.32auctions.com

Silent auction 'WCBA Bar Awards 2019' hosted online at 32auctions.

2 weeks ago  ·  

WFLG on Facebook
·Share

Share on FacebookShare on TwitterShare on Linked InShare by Email

A trip to the N.C. State Fair doesn't have to break the bank :: WRAL.com ... See MoreSee Less

A trip to the N.C. State Fair doesn't have to break the bank :: WRAL.com

www.wral.com

The 2019 N.C. State Fair runs from Thursday, October 17 until Sunday, October 27 with rides, shows, crafts, livestock and fried everything. Following are some tips to save you money on fair admission,...

2 weeks ago  ·  

WFLG on Facebook
·Share

Share on FacebookShare on TwitterShare on Linked InShare by Email

The North Hills shuttle begins operating today. There is a shuttle stop right behind the office at the fountain between Kendra Scott and Viva Chicken. ... See MoreSee Less

North Hills Shuttle - North Hills

visitnorthhills.com

Leave your car behind and hop on board our complimentary shuttle service! The North Hills Shuttle will circulate throughout all three North Hills districts, all day long, 7 days-a-week. Shuttle Route

3 weeks ago  ·  

WFLG on Facebook
·Share

Share on FacebookShare on TwitterShare on Linked InShare by Email

Wishing a very happy birthday to WFLG partner Katie Hardersen King today!

You can read more about Katie at:

http://wakefamilylawgroup.com/family-law-divorce-attorneys/katie-hardersen-king/
... See MoreSee Less

3 weeks ago  ·  

Photo

WFLG on Facebook
·Share

Share on FacebookShare on TwitterShare on Linked InShare by Email

Celebrating the birthday of WFLG attorney Melanie Phillips today! We're so glad to have Melanie as part of our team!

You can read more about Melanie at:
http://wakefamilylawgroup.com/family-law-divorce-attorneys/melanie-c-phillips/
... See MoreSee Less

4 weeks ago  ·  

Photo

WFLG on Facebook
·Share

Share on FacebookShare on TwitterShare on Linked InShare by Email

#wflg #northhillsdivorce ... See MoreSee Less

4 weeks ago  ·  

Photo

WFLG on Facebook
·Share

Share on FacebookShare on TwitterShare on Linked InShare by Email

Happy birthday to WFLG paralegal and "Dream Team" member, Dana Satterfield. Dana has been a part of our office for 14 years! ... See MoreSee Less

1 month ago  ·  

Photo

WFLG on Facebook
·Share

Share on FacebookShare on TwitterShare on Linked InShare by Email

Wishing a very happy birthday to WFLG partner Nancy Grace!

You can read more about Nancy at:
http://wakefamilylawgroup.com/family-law-divorce-attorneys/nancy-l-grace/
... See MoreSee Less

1 month ago  ·  

Photo

WFLG on Facebook
·Share

Share on FacebookShare on TwitterShare on Linked InShare by Email

Paralyzed By Divorce Documents? 5 Ways to Handle it Like a Boss ... See MoreSee Less

Paralyzed By Divorce Documents? 5 Ways to Handle it Like a Boss

ow.ly

Paralyzed by divorce documents? Whether you wanted the divorce or not, it’s time to get to work and handle your business like a boss.

1 month ago  ·  

WFLG on Facebook
·Share

Share on FacebookShare on TwitterShare on Linked InShare by Email

We had a special visitor at the office today. Meet Zuzia, WFLG founding partner Marc Sokol's rescue puppy. ... See MoreSee Less

2 months ago  ·  

Photo

WFLG on Facebook
·Share

Share on FacebookShare on TwitterShare on Linked InShare by Email

Happy Grandparents’ Day! ... See MoreSee Less

Picture Books That Celebrate a Grandparent’s Selfless Love

www.nytimes.com

There’s nothing like the bond between grandparent and grandchild. New books by Tomie dePaola, Cecilia Ruiz and more show it in many forms.

2 months ago  ·  

WFLG on Facebook
·Share

Share on FacebookShare on TwitterShare on Linked InShare by Email

  • Site Map
  • Disclaimer

Law Firm Web Design by Killer Creative Group