Blog Posts in November, 2014

  • Third Party Custody & Visitation

    When parents are faced with a dispute involving custody of their child in North Carolina, the dispute is resolved through the courts application of the best interests of the child standard. In other words, the court will order a custody and visitation schedule for the parents that the court deems will be promote the child's interest and welfare. The best interest of the child standard is also ...
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  • Reduced Federal Sentencing Guidelines for Drug Offenses

    The United States Sentencing Commission ("USSC"), an independent agency in the judicial branch, has voted unanimously to amend the federal sentencing guidelines to reduce the sentences for most drug trafficking offenses. Perhaps most notably, this amendment will apply retroactively. Therefore, the amendment could shorten sentences for nearly 50,000 people who are currently incarcerated for drug ...
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  • Probation Violation: Absconding

    Question: Have I violated probation by not notifying my probation officer that I have moved? Factual Scenario: Ashley was convicted of DWI and as part of her sentence received 12 months of supervised probation. At the start of her probation, Ashley was living with her sister in a house in Forsyth County. For the first 7 months of probation, Ashley was a model probationer and did everything she was ...
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  • Child Custody Factors in North Carolina

    When it comes to determining child custody , there are so many factors to consider and decisions to be made. The child custody process in North Carolina can often be a confusing one for parents, as statutory law does not well define all of the many facets of custody. In a custody matter, parents are given some type of "legal custody" and "physical custody" over the minor child or children. “Legal ...
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