Family Law Issues in the Wake of Helene
Dear fellow residents of Western North Carolina and others having family law matters in this area:
First and foremost, I sincerely hope this message finds you and your loved ones safe and well. The recent catastrophic storm that hit our area has left an indelible mark on our community, and my heart goes out to everyone affected by this devastating event.
As we begin to navigate the challenging road to recovery, I want to reach out and address some of the family law issues that may arise in the aftermath of such a catastrophic event. Drawing from my many years of experience practicing family law in Louisiana—a state all too familiar with hurricanes and flooding—and my current practice as a board-certified family law specialist here in North Carolina, I hope to provide some guidance on what you might expect in the coming days, weeks, and months.
Court Closures and Legal Delays
Anticipated delays: Even as courts begin to reopen, I anticipate significant delays in the legal process. Court dates that are on the calendar may well be continued, either because of court unavailability or unavailability of parties or attorneys. In the wake of a natural disaster such as this one, the courts will prioritize matters that are considered the most urgent or that are required to be addressed within a certain period of time by law. The courts will likely grant continuances quite liberally if they are requested for storm-related reasons. Delays may extend for weeks or potentially months as the system works to address the backlog created by the closures.
Emergency matters: Despite closures, courts will still try to handle emergency matters as well as they can, such as those involving immediate danger to children or domestic violence situations. However, the process for emergency filings and hearings may be temporarily modified.
Patience is key: While these delays can be frustrating, especially when dealing with pressing family matters, it's important to remain patient. The courts will prioritize cases as they resume operations.
Given these circumstances, it's more important than ever to try to reach agreements outside of court when possible. Mediation and collaborative law approaches may be particularly valuable during this time. You should discuss these options with your attorney.
Child Custody and Visitation
One of the most immediate concerns for many families will be maintaining child custody and visitation arrangements. With widespread displacement and relocation, adhering to existing schedules may be challenging or impossible. Here's what you need to know:
Temporary modifications: Courts understand that extraordinary circumstances call for flexibility. If you need to temporarily modify your custody or visitation schedule due to relocation or other storm-related issues, try to reach an agreement with your child’s other parent. Document any agreed changes in writing if possible, even if it's just through text messages or emails.
Communication is key: Keep lines of communication open with your child’s other parent if you are able to do so. If you've been displaced, ensure they have your current contact information and temporary address, unless it is unsafe for you to provide them with that information.
Safety first: If you have concerns about your child's safety due to storm damage at the other parent's home, you should communicate these concerns to the other parent and document these concerns. Consider seeking a temporary modification through the court if necessary to protect the child from unsafe conditions. If your own home is not currently safe for your child, consider allowing your child to spend more time with the other parent temporarily if they are able to provide a safer environment. Don’t let a written custody schedule stand in the way of taking proper care of your child.
Permanent modifications: If there are more permanent changes in circumstances that impact your child, you may need to consider seeking permanent modifications to your child custody arrangement. Things like the permanent relocation of one or both parents, permanent school closures, or loss of employment can have long-lasting impacts on what kind of legal and physical custody arrangement is in the best interest of your child. Moves by one or both parents to different counties, or different states, can even impact which court should address your child custody case.
Child Support, Post-Separation Support, and Alimony
The storm's impact on employment and housing can significantly affect financial obligations, in the short and long term. Here are some points to consider:
Job loss or reduced income: If you've lost your job or experienced a significant reduction in income due to the storm, you may be eligible for a temporary modification of your support obligations. However, you must file a motion with the court promptly—changes are not generally automatic or retroactive. If courts are closed, you may not be able to file something immediately, but you can talk to your attorney and begin preparing to file as soon as you are able.
Increased expenses: If you're the recipient of support and facing increased expenses due to storm damage or relocation, you may be able to seek a temporary increase in support. If you are the payor of support and facing increased expenses due to storm damage or relocation, you may be able to seek a temporary reduction in support.
Documentation is crucial: Keep detailed records of any changes in your financial situation, including job loss, reduced hours, increased expenses, or insurance payouts. Be sure you are taking advantage of all forms if financial assistance available to you, including storm-related unemployment benefits.
Property Division in Pending Equitable Distribution Cases
For those in the midst of equitable distribution proceedings, the storm may have complicated matters related to property division:
Revaluation may be necessary: If marital property has been damaged or destroyed, it may need to be reappraised before finalizing property division.
Insurance claims: Any insurance payouts for damaged marital property will likely be considered marital/divisible assets subject to division. The same may be true for government assistance received in relation to damaged marital property.
Debt considerations: New debts incurred for storm repairs or temporary housing may complicate the division of marital debts.
Domestic Violence
Sadly, natural disasters can exacerbate tensions in already volatile relationships. If you're experiencing domestic violence:
Seek help immediately: Despite the chaos, resources are available. Contact local law enforcement, domestic violence shelters, or domestic violence hotlines for assistance.
Emergency protective orders: Courts can still issue emergency protective orders even in the aftermath of a natural disaster, though the process for filing them may be modified.
Moving Forward
As we rebuild our community, please remember that you're not alone in facing these challenges. Our firm is here to support you through these difficult times. We're committed to helping you navigate any family law issues that arise as a result of this disaster.
If you have specific concerns or need legal advice tailored to your situation, please don't hesitate to reach out. We're offering phone and video consultations to accommodate those who have been displaced or are facing transportation difficulties. We hope to have our physical office open in the near future as well for in-person consultations.
Stay safe, stay strong, and know that brighter days are ahead. Together, we will weather this storm and emerge even more resilient.
Wishing you and your loved ones all the best,
David M. Hudson
Board Certified Family Law Specialist
About the Author:
David M. Hudson is a NC Board Certified Specialist in Family Law. David enjoys getting to know new clients and learning the particulars of their individual circumstances so that he can better understand what they want and need from him. Maintaining close relationships and regular communication with his clients is key to David’s practice. David collaborates with his clients in goal setting and then works cooperatively with the clients to achieve the goals set.
Disclaimer: All information provided herein is for informational purposes only, and nothing should be taken as legal advice or opinion. All information relates to North Carolina law only. Family law can differ significantly from state to state.