Kennedy Law Associates
Schedule a Consultation

Kennedy Law Associates' Blog

Does a parent's living situation impact a court's decision?

When North Carolina parents are fighting for custody, they have many concerns. One of these is usually related to their living situation and how it can impact the way the court rules when it comes to custody. In fact, while there are differences from state to state, courts do look at certain aspects of a parent's living situation before they make their decision in a custody dispute.

When courts make a decision about child custody, they make it based on the child's best interests. However, they do consider certain things about a parent's living situation, such as the size and location of their home, the number of children the parent has in total and the child's age, gender and ability to adapt to new situations Courts want to know that children have a safe space to live that also provides them with privacy and comfort. In those cases, a large number of children in the house might mean less space for the child. The court might also not agree with the child rooming with older siblings, particularly if they are of the opposite gender. Gender is another aspect that comes up when the parent and child are of opposite genders.

A new grandchild, changing tax laws and your estate plan

Perhaps you sat down with your attorney after your first child was born to develop a comprehensive estate plan. That was a good idea, but it was decades ago.

Since then there have been many changes in your life. For example, now you are on your second marriage, you have a grandchild and the business you started 30 years ago has flourished and expanded. It sounds like you are overdue for an estate plan update.

Your Blue Ridge cabin may complicate your divorce

During the happier times of your marriage, you loved packing up the car and heading to the Blue Ridge Mountains to spend some time in your cabin. Now that you are planning for a divorce, though, your vacation home could give you some serious headaches. 

As you probably know, not all divorces are the same. For couples with many assets, equitably dividing property can be difficult. If you have a second residence, you should realize it may become a bargaining chip in your divorce. You should also know a few other things about how your cabin or vacation property may affect your divorce proceedings. 

Splitting parenting duties during the holidays after divorce

Many divorced parents in North Carolina honestly want to make the holidays a special time for their children. However, achieving this goal is sometimes difficult if there are lingering feelings involved. An increased frequency of carting kids from home to home also boosts the potential for conflicts or confrontations. One way to keep everything merry and bright is for parents to have a solid plan in place before the holiday hustle and bustle gets underway.

With newly divorced parents, there may be underlying issues with child custody arrangements or resentment over the results of decisions made by the court. Even if this isn't the case, parents are advised to keep the focus on their children by avoiding the temptation to let their feelings determine the nature of holiday situations. Doing so may involve turning to friends and family members for emotional support or seeking input from a therapist.

3 reasons to be proactive about estate planning after divorce

During and after a divorce, there are many things you must consider. Initially, your concerns lie in the formalities of the actual proceedings, such as dividing assets and debts and constructing a parenting plan. Once the dust settles, you can begin getting other parts of your life in order.

One of the things you may have neglected to take care of during the divorce proceedings is retooling your will and life insurance. Why is it crucial to take care of these estate documents soon after divorce?

The role of a divorce coach

People in North Carolina may think of a coach as someone who helps an athlete, or they may be familiar with the concept of a life coach. Now, there are also divorce coaches who can help spouses through the difficult process of separation.

While the job of an attorney is to take care of the legal aspects of ending a marriage, the job of a divorce coach is to try to make the life transition easier. In some ways, the divorce coach can also make the process smoother for the attorney since they will help the soon-to-be ex get the proper paperwork in order. However, the coach will primarily aim to help the client in other ways, such as building confidence and communication skills.

Can nesting work for divorcing parents in North Carolina?

Emotions can run high and co-parenting can be a challenge when a couple is divorcing. Parents certainly want the best for their children, including protecting them from stressful situations. Some parents have found that nesting is an answer to their predicament of who will live where and with which parent shortly after divorce. In nesting, the kids stay put in the family home, and the parents swap separate living spaces back and forth according to an agreed-upon schedule.

The key to the idea of nesting working out is that parents must be capable of getting along well. It is advised that families only use this as a temporary solution until final decisions are made in child custody matters and other legal issues. If nesting goes on too long, therapists agree that children may get mixed messages that cause them to think their parents might reconcile the marriage.

Getting through the holidays when recently divorced

For many people in North Carolina, this upcoming Christmas will be the first one after divorced. It can be a difficult time emotionally, especially if the child custody schedule states the other parent gets the kids on Christmas day. 

The holidays should be a joyous time. No matter where your kids are or what transpired between you and your ex, there are plenty of tips for having a great holiday season. 

How to keep the marital home during a divorce

North Carolina couples going through a divorce have to make many important decisions about property division. One of the most critical decisions has to do with what will happen to the marital home.

In many situations, one spouse will end up buying the other spouse out and keeping the home. If the property is jointly owned, this can be accomplished by having one spouse sign away his or her right to the title via a quit claim deed. However, while a quit claim deed removes the right of ownership from a spouse, it does not remove that spouse from his or her responsibility to pay the mortgage. If the spouse that keeps the home fails to pay the mortgage, it can negatively impact the other spouse's credit. In order to avoid such a scenario, experts recommend that the spouse who is keeping the home should get a new mortgage loan.

3 holiday gifting tips for divorced parents

The holidays can be confusing and stressful during and after your divorce. If you and your ex are living in different homes and have some sort of custody or visitation arrangement, you may be wondering how you should handle the gift-giving process. 

Should your child end up with double the number of gifts? Is it a good idea to coordinate presents with the other parent? Here are some gift-giving guidelines you should consider as a divorced parent.

Contact Us

Tell Us Your Story

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Our Team

Meet Our Team

Office Location

14835 Ballantyne Village Way, Suite 225
Charlotte, NC 28277

Phone: 704-512-0619
Get Directions