January 2017 - Triangle Divorce Lawyers

Monthly Archives: January 2017

How disputes can make child exchanges dangerous


When North Carolina parents have ended their marriage, they will likely still share custody of their children. At some point, they must physically exchange custody. The actual exchange of the children can be dangerous, especially if one or both parents are not able to resolve their differences.

Usually, the parenting agreement outlines the exact place and time that the children are exchanged. Child exchanges are protected under a parent’s visitation rights, so both parents have the right to spend time with their children regardless of child custody or support issues. In some cases, this can cause a parent to potentially hold a grudge against the other. Disagreements about the child’s schooling, extracurricular activities, and even discipline can also cause disputes to arise. While most parents are able to remain civil long enough to actually exchange the children, there have been cases where the exchanges have turned deadly.

In one case, a 49-year-old Texas man was shot and killed by the other parent’s new romantic interest during a routine child exchange. Another 20-year-old Texas man was accidentally killed by a friend after he devised a plan to be shot. This was done in the hopes that he would obtain custody of his child.

When parents have joint custody, they will be required to interact with each other at least until the child turns 18. If the parents have trouble working together to provide a stable home life for their child, a family law attorney may assist with preventing disputes. This may include scheduling a child exchange in a neutral place and with other individuals present. If a modification needs to be made to the parenting plan due to a parent’s new job or financial situation, the attorney may facilitate an open dialogue that allows both parents to come to an agreement about a new plan.


Tips for remaining financially secure after a divorce


North Carolina couples who are getting a divorce must be careful about ensuring their financial security. This can be a particular problem if one spouse is more knowledgeable about finances than the other or has a significantly higher income than the other. For example, while an individual might initially think that a 50/50 split of the retirement account is appropriate, this might not be the case if one person is able to quickly replenish those savings while the other might struggle to find employment.

Another thing to consider is taxes. If there are two different types of retirement investments, they may have different tax implications, so individuals should make sure that they are not going to pay a large penalty that will reduce their actual share. Another thing to find it is whether a Qualified Domestic Relations Order is necessary in order to divide a retirement account.

Finally, individuals should take steps to protect themselves in case of unforeseen circumstances. This could involve people taking out a life insurance policy on their spouse to ensure that they still receive retirement benefits or support that they are owed. They might also want to take steps to protect their children and their financial affairs in the event of their own death.

In marriages where there are a number of assets, the process of property division might be even more complex. There could be considerations such as offshore accounts and business assets. If one person owns a business, the other person might want a share of it. In many cases, these issues can be resolved by negotiations conducted with the assistance of the parties’ respective family law attorneys.