ARTICLES
Grandparents’ Visitation & Custody Rights in North Carolina
Grandparents often play an important role in a child’s life, but in North Carolina, they do not have automatic legal rights to visitation or custody. Parents have constitutionally protected authority to make decisions about their children, and courts are generally reluctant to interfere with those rights. There are, however, limited circumstances under North Carolina law…
ART Issues in Estate Planning: Why Not All Children Are Equal
Families created through assisted reproductive technology (ART) face unique and often overlooked challenges in estate planning. ART includes a wide range of family-building methods, including surrogacy, in vitro fertilization (IVF), donor eggs or sperm, embryo donation, and cryopreservation. As these technologies evolve and become more common, the law has struggled to keep pace. Questions surrounding…
Domestic Violence Protective Orders in North Carolina
You may be asking, “Can I get a DVPO (Domestic Violence Protection Order) without an attorney?” You can and sometimes even seasoned attorneys have difficulties getting DVPOs. Going into court to prosecute or defend against a domestic violence protection order (50B) requires more than just adequate counsel. DVPO’s are a particular kind of case, and…
Year-End Estate Planning Considerations
As the year draws to a close, it’s the perfect time to get an estate plan if you don’t have one or to review your estate plan and ensure it still reflects your long-term goals, especially if your family is growing through Assisted Reproductive Technology (ART) or otherwise. Births, marriages, deaths, and financial changes can…
Yikes! I Got Married and Forgot to Get a Prenup. Can I Get a Prenup After Marriage?
If you’re like most people, love is the only thing on your mind when you’re contemplating marriage. After all, who isn’t socialized to want a fairytale romance, lavish wedding, and honeymoon in an exotic locale? Prince/ss Charming never required an agreement waiving alimony and dividing assets, and since those Disney movies end before the divorce,…
Can you change your gender marker on passports now? This is what we know.
On January 20, 2025, Trump issued an Executive Order on Gender Ideology seeking to create sweeping barriers intended to make trans people’s lives more difficult. Since then, he has issued other orders targeted at the LGBTQ community which aren’t the subject of this post. I hope to address these later. Traditionally, Executive Orders (EO) are…
Gestational Surrogacy Law Changes and Their Impact on Care in North Carolina
The legal landscape surrounding gestational surrogacy law in the United States is undergoing significant change, which could have a profound impact on the ability of individuals and families to access medical care, including in vitro fertilization (IVF) and surrogacy. In this article, we will explore these changes, their potential implications for North Carolina residents, and…
Ovum-Sharing / Shared Pregnancy
The attorneys at NicholsonPham have been successful in being the first to petition the court to legally recognize both same-sex, married parents as legal parents in an ovum sharing case. For lesbian couples enlarging their family in North Carolina, this new legal precedent is a positive movement forward in equality. Couples now have the ability…
How do you change your gender marker and name on your NC Birth Certificate if you are out of state?
North Carolina has this procedure streamlined so you just have to follow these steps. You will first need a notarized letter from a physician stating that you have undergone “sex reassignment surgery” and stating the sex you were assigned at birth and your current sex. We suggest that you obtain more than one letter as…
Love and Panic Chickens in the Time of Pandemics
Are you experiencing pandemic mood swings? Are you hoarding toilet paper? Or animal proteins? Have you become a prepper? Do you now own panic chickens? Have you thrown caution to the wind and elected to party in Daytona Beach? We advise against that course of action. Or are you, like some of our clients, considering…
Milan’s client writes about his divorce and “Who Gets the Dog?”
Milan Pham’s client, Steven Petrow, writes about his divorce experience and the family dog for the New York Times Opinion Section. “I have some good news,” my divorce lawyer told me during our second consultation in her downtown Durham, N.C., office. Before divulging it, she asked a question: “Are you willing to pay $16,000 for…
ACLU’s FAQs About NC’s New Guidelines Regarding Birth Certificates for Children of Married Same-Sex Couples
The ACLU has issued a new fact sheet regarding birth certificates for children of married same-sex couples. The fact sheet answers questions such as: If we get a birth certificate that lists both of us as parents, does that establish that we are legal parents? Do we still need to do a step-parent adoption or…
NEWS
Sharon Thompson Receives 2013 Citizen Lawyer Award
NicholsonPham is proud to announce that Sharon Thompson was recently awarded the 2013 Citizen Lawyer Award from the North Carolina Bar Association. The Citizen Lawyer Award is bestowed by the NCBA Young Lawyers Division in partnership with the NCBA Citizen Lawyer Committee. This honor is awarded in recognition of attorneys who strive to serve their…
Meredith Nicholson Presents to El Centro Hispano
Meredith frequently presents on LGBT issues in Spanish to the Durham community and recently spoke on the Windsor Case in a presentation on DOMA to El Centro Hispano. Local Hispanic media turned out and her presentation was covered by La Conexión NC and Que Pasa newspapers in Raleigh. El Centro Hispano is a community-based grassroots…
2013 Mid-Year Update
Recently Milan was named to Women Rainmakers by the ABA Law Practice Management Section’s Law Practice Today Magazine. You can find her interview HERE. Milan is dedicating her time to Durham’s community by serving on the Board of Planned Parenthood of Central North Carolina. In early May, Milan testified on behalf of Planned Parenthood and…
A mid year update 2013
Building on her long history of providing legal services to low-income families, Meredith is pleased to announce that she was recently awarded one of the contracts with NC Indigent Defense Services to provide misdemeanor defense in the 14th Judicial District. A frequent speaker, Meredith has recently presented on behalf of the North Carolina Advocates for…