child custody – Stauff & Gross Law

Posts

We are excited to announce the selection of Jordan H. Gross to the 2021 North Carolina Super Lawyers Rising Stars list! No more than 2.5 percent of attorneys in North Carolina are selected as Rising Stars. Congratulations!

Much has changed with how Family Court is run in Wake County over the last nine months during COVID restrictions. The biggest change is that the morning calendar is now run remotely by WebEx. The assigned judge will call that day’s cases and then tell attorneys and parties the time and location (either in-person or remote by WebEx) their respective cases will start.

 

Some cases must take place in-person. Examples include permanent custody matters, trials on property distribution, or hearings to modify orders. The parties can consent to these matters occurring remotely with the approval of the judge. However, domestic violence and contempt matters must be heard in-person. Other issues can happen remotely by WebEx and those include hearings on temporary custody or short motions.

 

For remote hearings you will need reliable Internet and a device that has a camera and microphone say you can be seen and heard as well as speakers and a screen so you can hear and see what happens. Specific rules also apply to the distribution and use of exhibits for remote WebEx hearings or objecting to WebEx hearings.

 

This process has evolved and changed several times over the last nine months so it is important to keep up to date on any changes. Contact our office at 919-783-1260 for a consultation to see how these changes affect your case in Family Court. Our office can also assist if your case is in a different county but you should review any specific rules or changes for your specific county on the website for the NC Administrative Office of the Courts. More information can be found here: https://www.nccourts.gov/covid-19

The North Carolina Family Court Advisory Commission provided guidance to families with custody or visitation orders already in place. The Commission is stressing that parents should do their best to provide consistency and stability for children if at all possible but should work together for the child’s best interests while also following advice of healthcare professionals.

You can see the full recommendations here: https://www.nccourts.gov/assets/inline-files/Custody%20and%20Visitation%20Recommendations_FINAL.pdf?oNHms1_UlIk.fBhyCxg8nWVR87.ougsC

If you have questions you should consult with an attorney about your specific situation in light of these recommendations and guidance. Our office remains open for telephone and Skype consults for both current and prospective clients.

As a result of the Coronavirus, the North Carolina court system extended its closure until June 1, 2020, to assist with slowing the spread of the virus. A limited number of courtrooms remain open to hear certain issues. For example, hearings for domestic violence protective orders or emergency child custody issues. However, the vast majority of hearings are continued automatically. Unfortunately, as the duration of social distancing remains in flux there is no guarantee courts will reopen within that time frame. For the most recent updates, you can review the court system website here: https://www.nccourts.gov/covid-19-coronavirus-updates

Our office will be in touch with current clients who have court dates between now and June 1 if we have not already to let them know their specific situation. We can provide consultations and appointments by either telephone or video conferencing to save both current clients and prospective clients unnecessary trips around town.