Terminating Parental Rights

Posted on by Robert J. Reeves
In North Carolina, there are only a few scenarios where terminating parental rights is possible. This means that a parent gives up their legal rights to make decisions for their child. There are specific rules about when they can terminate and who can file the petition to the court. However, the best way to navigate this situation is with the help of an experienced attorney. Ultimately, the court will decide what is in the best interest of the child. If you are wanting to terminate your rights, or petition the court to terminate somebody else’s parental rights, it’s a big decision that requires a lot of thought and consideration.

Terminating Parental Rights: Why and How

Termination of Parental Rights

Terminating parental rights means that a parent gives up their legal rights to their child. This means that they give up the right to make decisions about them as well as the right to seek custody or visitation. It also ends any child support responsibilities. It’s a big decision that can affect a child’s life for many years.

Grounds for Termination

There are only certain times when terminating parental rights is possible. For example, if a parent abuses or neglects a child. In addition, if a parent is incapable of taking care of a child or willfully abandons them. And finally, if a noncustodial parent fails to pay child support without reason for over a year. There are a few other specific criteria that can be met, but in general, this only applies when children are not being taken care of properly.

Who Can Terminate

Not everybody can bring a petition terminating parental rights. One parent can file a motion against the child’s other parent. In addition, adoptive parents, legal guardians, or social services can also file petitions. A person that the child lives with for two or more years can also file a petition to terminate another parent’s legal rights. And finally, it is possible to file a petition to terminate your parental rights.

The Decision

Ultimately the decision about terminating parental rights falls to the courts. The judge will only grant the termination if it is in the best interests of the child. They will likely consider many factors including the child’s age, and their relationship to both parents. Before filing such a petition, it’s best to consult with an attorney so that you know the full legal implications and significance.

Terminating parental rights is a big deal and no parent should take it lightly. Giving up your rights to your child prevents you from being able to have a hand in making legal decisions for them regarding school, medical care, and other factors. In addition, it gives up your right to custody and visitation. There are only a few circumstances where parental rights might be terminated and only a few parties can bring the petition to terminate. Ultimately, the court will decide if it’s in the best interests of the child. Consulting with an experienced attorney is the best way to ensure that you are making the best decision about such an important matter.

Who Gets the Marital Home in a Divorce?

Posted on by Robert J. Reeves
▲
 The question of who gets the marital home in a divorce depends a lot on where you live and your unique situation. This can often be one of the most complicated aspects of a divorce proceeding because it’s often a couple’s biggest asset. In addition, there are always a lot of emotional connections to a family home. When couples are trying to decide what to do about the marital home, there are typically three common options. One spouse might stay in the house while the other moves out. Or both spouses might sell the home and each takes their equal portion. And unfortunately, couples often cannot agree and wind up needing to go into litigation over this and other issues. If this is something you are wondering about, the best thing to do is to hire an experienced divorce attorney who can represent your interest
The question of who gets the marital home in a divorce depends a lot on where you live and your unique situation. This can often be one of the most complicated aspects of a divorce proceeding because it’s often a couple’s biggest asset. In addition, there are always a lot of emotional connections to a family home. When couples are trying to decide what to do about the marital home, there are typically three common options. One spouse might stay in the house while the other moves out. Or both spouses might sell the home and each takes their equal portion. And unfortunately, couples often cannot agree and wind up needing to go into litigation over this and other issues. If this is something you are wondering about, the best thing to do is to hire an experienced divorce attorney who can represent your interests.

Who Gets the Marital Home in a Divorce? Post-divorce Living Arrangements

Questions of Legality

Who gets the marital home in a divorce often depends a lot on what state you live in. In North Carolina, if you are legally married, you and your spouse own your property as tenants by the entirety. This means that you each have an equal share in the house. In other states, things are handled differently. An attorney can help you understand the rules and rights in your state.

One Spouse Stays

Often, the way things are handled in the marital home in a divorce is for one spouse to stay and the other to move out. Often this decision depends on each spouse’s financial situation, job, and custody situation. If one spouse is the main caregiver for the children, it’s often easier for them to stay in the home and let the other spouse move out. However, some couples choose to share the home even after divorce.

Both Spouses Sell

Another common situation that happens with the marital home in a divorce is that both spouses agree to sell the home. Each would get an equal share of the proceeds from the sale. This is often the case for couples in which neither person wants to stay in the home. This might be for emotional or financial reasons.

Spouses Cannot Agree

Finally, and most commonly, spouses cannot agree on how to handle the marital home in a divorce. If this is the case, they often need to go to litigation over the issue. A judge will decide what is the most fair and equitable way to handle the situation. If you are facing this option, the best way to protect yourself is to hire an experienced attorney.

Handling the marital home in a divorce is often a complicated and tricky topic. It can also be one of the more emotional aspects of ending a marriage. Your family home contains so many memories and is often a couple’s biggest asset. A lot depends on where you live, but in North Carolina, couples own their properties equally. If couples can agree outside of court, they often choose for one spouse to move out while the other stays in the home. They might also jointly agree to sell the home and split the proceeds. But more often than not, couples end up in litigation. The best way to handle this situation is to hire an attorney to help you get the settlement and divorce situation that you deserve.

Nesting Co-Parenting: Possible Benefits

Posted on by Robert J. Reeves

Most parents think that co-parenting involves moving the kids from one parent’s house to another. However, nesting co-parenting offers a different perspective. This alternative way of co-parenting might just be the sort of thing you and your co-parent are looking for…

Nesting Co-Parenting: How Its Different

What is “nesting?”

Nesting co-parenting differs from other co-parenting plans mainly in terms of where the kids stay. Usually, after a divorce, either one parent will keep the home and the other will move, or both will move to new homes. Then, the kids will go in-between each household depending on the co-parenting schedule they come up with.

With a nesting arrangement, the kids will actually stay at the family home. Instead, it’ll be you and your co-parent who will come and go. So, for example, one week you’ll stay at the home with the kids, and then switch with your co-parent. That way, the kids don’t have to constantly go back-and-forth between two new homes.

Benefits to the kids

A nesting co-parenting arrangement can be really beneficial to your kids. Divorce is a major time of change both for you and them. Having to constantly go back and forth between you and your co-parent’s new homes can be very difficult for them. Ultimately, it can be hard for them to really feel “at ease”, even if they’re with one of their parents.

However, by nesting, your kids won’t have to worry about that. Rather, they get to stay in the home that they’re already familiar with. This helps them feel much more at ease with the situation, and not have to worry about constantly moving and bringing things between homes.

Benefits for the parents

Of course, a nesting co-parenting plan doesn’t just help the kids. It can also help you and your co-parent also. For instance, many couples find it’s cheaper to use a nesting plan. The cost of two separate apartments can be cheaper than if you were to both look for new homes. Plus, some co-parents will even “split” an apartment, with one of them staying there while the other is with the kids.

You also won’t have to worry about difficult transitions in-between homes. Rather, you’ll know exactly where your kids will be. You can even have smoother transitions than usual, such as if you drop the kids off at school in the morning and their other parent picks them up. Just make sure you communicate this to both your co-parent and the kids!

How to Talk About Your Divorce

Posted on by Robert J. Reeves

It can be incredibly painful to talk about your divorce. However, inevitably it’s going to come up in conversations. It can help to have an idea of what you’d like to say when people ask that doesn’t give away too many details. Start with your close family and friends and then slowly expand the circle of people that know. You might want to give your boss a heads up as well. Have an idea of how you want to approach the conversation. And always avoid trash-talking your ex, and don’t be afraid to remind people that this is something they should keep private. As time goes on it will feel easier and easier to talk about your divorce as you begin to emotionally move on.

How to Talk About Your Divorce: Getting Comfortable with the Conversation

Telling Friends and Family

When you talk about your divorce, it should probably start with your close family. For instance, your parents and siblings. This is a big adjustment for them because the future they imagined for you is changing. Try to leave out the nitty-gritty details and don’t assume that your friends will need to “pick a side.” You don’t need to tell a ton of people until after your divorce is final, so stick to very close friends and family.

Telling Work

While your coworkers don’t necessarily need to know anything about your private life, you might want to let your boss know. It would help if you talked about your divorce with them and maybe your HR rep. This way, they won’t be surprised if you need some time off for court dates. Assure them that it won’t affect your work.

Have a Script

It can help to have a script ready to go when you talk about divorce. Especially if you are telling a casual acquaintance. You could say that although you both wanted it to, the marriage wasn’t working. Ask them to respect your privacy as well. Having something prepared in advance can prevent you from feeling caught off guard if somebody casually asks about it.

Don’t Trash Talk

Finally, the most important thing to remember is to avoid trash-talking about your ex when you talk about your divorce. It can be easy to want to tell everybody about how they hurt you. However, it doesn’t help anything and your ex might find out. This can affect your co-parenting relationship if you have children or can make your divorce even more contentious.


When you begin to talk about your divorce, it can feel very awkward at first. However, eventually, you’ll need to be able to tell people about it in a way that doesn’t invite a lot of questions or nosiness. Have a script ready to go that keeps things short and sweet. Tell your family and close friends first. Then slowly move out to more distant acquaintances after the divorce is final. Don’t let your divorce become office gossip, however, you should let your boss know. Assure them that it won’t affect your work. Have an idea of how to tackle the question if people ask you about your divorce that doesn’t involve trash-talking your ex. Hopefully, you’ll begin to feel less uncomfortable telling people about your divorce as you start to heal and move on with your life.

Home Buying Post-Divorce

Posted on by Robert J. Reeves

When your divorce is over, it might be nice to spruce up the home a bit. However, what if want to live somewhere new? Home buying post-divorce can be a bit complex, which is why you’ll want to make sure you do it right…

Home Buying Post-Divorce

Be financially ready

Before engaging in any home buying post-divorce, you need to be financial prepared. Divorce tends to leave a big impression on a person’s finances. You might have to not just pay divorce costs, but also adapt to a new single-income household. This can leave your finances in a bit of a critical state.

Plus, buying a house isn’t cheap. It’s a big financial commitment, so you need to be sure you’re ready. Consider what you have saved now, and if it’ll cover buying a house and the other costs, like moving. It’s much better to wait and save in order to avoid financial issues.

Know your needs

Another thing to consider when home buying post-divorce is what you need in a house. For instance, if you have kids, you’ll need rooms and space for them. If you don’t, then you could make due with a smaller home. Or, maybe you need a house which is closer to your new job.

When you recognize your needs, you can plan your house searching accordingly. Plus, you’ll also avoid buying a house with things you don’t need. After all, the bigger the house, the more it’ll cost. Saving money when you can is always handy with purchases like these.

Use a professional

Home buying post-divorce isn’t something you want to do blind. Trying to find house and look at them yourself is going to be a struggle. Plus, odds are you don’t know the finer details which you should be looking for. That’s why it’s useful to bring in a professional.

Making use of a real estate agent can help ensure you find the right house for you. These agents will know what homes are available, if they fit your budget, and where they may need repairs or inspections. That way, you don’t get burned on a potentially bad buy.