Board Certified Specialist in Divorce and Family Law

James F. (Rik) Lovett, Jr.

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Lambert v Riddick 120 N.C. App. 480, 462 S.E. 2d 835 (1995)

Established right of biological parent, in an initial child custody determination against a non-parent, to physical custody of their child as long as the biological parent has not committed abuse or neglect.

 Pulliam v Smith 348 N.C. 616, 501 S.E. 2d 898 (1998)

 Co-authored amicus brief in this Supreme Court of N.C. decision establishing a new and different way to modify an existing custody order.  Prior to this case, a party attempting to change a custody order had to first show a substantial change in circumstances and that the child or children were being negatively impacted.  After this decision, a party attempting to change a custody order could also show a substantial change in circumstances and a positive impact on a child or children and have the court consider custody modification on that basis.
 

 In re Byrd ex rel. Adoption of Byrd 137 N.C. App. 623, 529 S.E.2d 465 (2000)

In re Adoption of Byrd 354 N.C. 188, 552 S.E. 2d 142 (2001) 

 Co-authored amicus brief in this Supreme Court of N.C. decision which made it much easier for adoptive parents to finalize their adoptions without interference from uninvolved unwed fathers.  As a result of this case, if unwed fathers do not provide consistent financial support and show some degree of interest in the mother's well-being or legitimate their children prior to the birth of the child, they have no rights to prevent an adoption once a child has been placed with an adoptive parent.

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