News | Wake Family Law

Co-parents: Time to think ahead about COVID-19 planning

March 12, 2020 by WFLG Attorney

Today, Governor Roy Cooper announced that North Carolina now has 12 cases of Coronavirus and told North Carolinians to expect “some tough decisions” in the coming days. Seattle has closed public school for two weeks, colleges are canceling classes and even in Raleigh, Ravenscroft is moving to a virtual teaching model starting March 16.

Now is the time to make plans for families to start making “What if” plans – What if schools are closed? What if there’s a mandatory quarantine? What if a parent gets diagnosed with Coronavirus? For divorced parents or parents who aren’t in a relationship, these decisions can be particularly fraught, which is why conversations need to start now.

Reach out to your co-parent, or your parenting coordinator if you are in a high-conflict custody situation, and determine who is more able to take care of the children in the event of a long-term school closing. Set up plans for Skype or Facetime or perhaps consider agreeing to temporary shifts of your custody arrangements to accommodate a changing environment. Making plans now can save you from additional stress if the Triangle gets hit harder by this virus.

If you need help navigating a plan, contact us and we’ll be happy to help.

By Rachel C. Beard

How to Conduct Yourself in the Courtroom

April 29, 2019 by WFLG Attorney

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:

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 about what you would wear to church (if you attend) or for a job interview.
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.
It is customary to stand when you are speaking to the judge unless you are on the witness stand testifying.
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.
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.

By Melanie C. Phillips

Spring Break and International Travel–get those documents ready!

April 8, 2019 by WFLG Attorney

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.

By Nancy Grace

Can my child testify in my child custody hearing?

December 28, 2018 by WFLG Attorney

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.

By Melanie C. Phillips

What is court-ordered custody mediation?

December 14, 2018 by WFLG Attorney

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 courthouse 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.

By Zack Schilawski

Schilawski O’Shaughnessy Grace King & Mauney, PLLC