Ask The Lawyer: Child Custody Laws

Raleigh Family Law News for 06-28-2018

Parker Herring Law Group, PLLC. If you’re currently the guardian of a child, there are some legal protections that you don’t have that a family adoption will ensure for you. The relative adoption process in North Carolina is much easier to complete than a traditional infant adoption – but you’ll still need an adoption lawyer to walk you through the process. We can help you collect the legal documents you need for a relative adoption in N.C., determine whether you need to complete any home studies or background screenings and finalize your adoption of a family member. Yes – a relative adoption is considered as any adoption where a minor child is placed with their grandparent, sibling, first cousin, aunt, uncle, great-aunt, great-uncle or great-grandparent. 

Change the child’s name in the adoption process. In addition to the legal benefits of adopting a relative, the permanency of adoption can provide emotional benefits to the child you’re adopting. Because you are related to the child you want to adopt, the laws regarding your adoption are much less strict than they are for unrelated adoptive parents. In most cases, the only people who have to consent to the adoption will be the child’s legal parents – usually their biological mother and father. In many North Carolina relative adoption cases, the adopting relatives already have custody or guardianship of the child, so the consent of the parents may not be necessary or will have already been given. 

After the original adoption petition is filed, the adoption decree will usually be issued within six months. If you work with us, we will answer your questions about the law and adoption process, help you assess risks involved, clarify your options and develop a legally secure plan for your adoption. From premarital agreements to adoptions, Alice can handle any of your family law needs. 

Keywords: [“adoption”,”Farm”,”law”]

Connell, Michelle D.

Michelle has been practicing in the area of family law for over 25 years. While her practice focuses solely on family law, she appears in both District Court and in the North Carolina Court of Appeals and Supreme Court of North Carolina. She is one of only three attorneys in the state who is a Board Certified Specialist in both the areas of Family Law and Appellate Law. On the trial court level, Michelle has a tremendous amount of experience in litigating all actions of family law including complex equitable distribution, alimony and post-separation support, child custody and child support, and civil domestic violence She has prosecuted and defended actions for alienation of affections and criminal conversation. On the appellate court level, Michelle’s practice involves handling all aspects of appeals in the Supreme Court of North Carolina and North Carolina Court of Appeals. 

Since 1999, she has presented written and oral arguments in cases involving the full range of family law and contract issues. She handles appeals from all counties in North Carolina. Michelle regularly lectures at Continuing Legal Education seminars in the areas of Family and Appellate Law. The purpose of this Council is to draft legislation and improve the practice of family law in the State. This Committee is tasked with drafting rules of Court for North Carolina appellate courts. 

Fellows in the AAML must have practiced a minimum of 10 years at a high level in the area of family law as well as held leadership positions in state family law organizations. They are vetted for membership through the National AAML. Michelle graduated from the University of North Carolina at Chapel Hill with a BA in English and BA in Psychology. 

Keywords: [“law”,”family”,”Court”]

North Carolina Punitive Damages Law -Raleigh Attorneys Representing Plaintiffs

In North Carolina, the majority of controlling law is found in Chapter 1D of our General Statutes. The Raleigh civil litigation attorneys of Maginnis Law are familiar with the provisions of Chapter 1D, and we can assist you or your business in recovering punitive damages in the appropriate case. Punitive damages may be awarded only if you first prove that you are entitled to compensatory damages and then prove that one or more of the following factors are present: fraud, malice, or willful or wanton conduct. We have settled multiple punitive damages cases recently in which the driver was under the influence of alcohol, including cases in which the medical bills for the driver were relatively small. You should be aware that there is a cap on punitive damage recoveries. 

In many business disputes, the plaintiff will sue for fraud and Unfair and Deceptive Trade Practices. In that situation, if you successfully prove each claim, he or she will have to choose from recovering punitive damages for the fraud claim or treble damages for the Unfair and Deceptive Trade Practices claim. Maginnis Law regularly represents individuals and businesses in disputes involving punitive damages. Sample cases involve drunk driving automobile accidents and contract disputes involving intentional misrepresentation. We offer free consultations to all prospective clients from our Raleigh office, and accept many cases, including personal injury matters, on a contingency basis. 

Our firm regularly represents clients from in and around the Triangle Area, including: Raleigh, Durham, Cary, Morrisville, Garner, Chapel Hill, Wake Forest, Pittsboro, and Clayton. 

Keywords: [“damage”,”Punitive”,”case”]