Search for: "Y. Michael Yin, JD"
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8 Apr 2024, 4:22 am
Y Michael Yin, JD In Nevada, the Supreme Court recently issued a ruling affirming the public’s [read post]
25 Apr 2024, 4:47 am
Y Michael Yin, JD Hunter v. Hunter, 2024-NCCOA-______ (2024). [read post]
15 Apr 2024, 4:29 am
Y Michael Yin, JD In civil cases, defendants sometimes go to great lengths to avoid being served. [read post]
22 Apr 2024, 4:11 am
Y Michael Yin, JD GREEN V. CARTER, 2024-NCCOA-______ (2024). [read post]
2 Jul 2020, 7:54 am
Routten v. Routten, ______ N.C. _______ (2020). Child Custody can be a hotly contested issue in divorce cases with minor children involved. In certain instances, a court can award sole custody to one parent and even deny visitation to the noncustodial parent. That determination is severe and, by law, must be substantiated by a factual basis for the denial. But what basis is required? Below, we discuss how one court did so, and the ensuing legal confusion that required the North Carolina Supreme… [read post]
14 Jul 2020, 8:52 am
In re F.S.T.Y. and A.A.L.Y., ____NC______ No.129A19 (2020). Termination of parental rights cases are complicated and difficult. Even more so when one parent is out of state and having to litigate in North Carolina. In the case below, we discuss how the North Carolina Supreme Court upheld a termination of parental rights for an out of state parent that had no ties to North Carolina whatsoever. 1. Facts: Florence and Abigail[1] are sisters born in South Carolina and were later brought to North… [read post]
17 Dec 2020, 7:43 am
Think of all the personal data that is collected by your smartphone. Voicemails, text messages, messaging apps, Facebook, Twitter, Instagram, and dating apps. These can all contain, if not confidential, highly personal and private information you may not want your spouse to have if you are going through a divorce. Thankfully, not all of the above can be readily accessed or requested by your spouse absent some strong showing of necessity. However, there still is some data that can be obtained by… [read post]
29 Jul 2020, 10:13 am
In North Carolina, a parent can lose custody over their minor children to the children’s grandparents. One way this can happen is by Order of the Court in a child custody proceeding. Child custody is never permanent, and below we discuss a way for parents to regain custody by motion to the Court. Step 1: Showing that there is a substantial change in circumstances affecting the welfare of the child The parent seeking to modify the custody order and reverse it has the burden of proof; they are… [read post]
30 Jun 2020, 7:56 am
Best v. Staton, (unpublished). Equitable Distribution is one of the mechanisms by which former spouses separate their personal and real property. It requires the right timing and, since not all property can be easily split, the right kind of appraisal. Real property is especially valuable, and sometimes difficult to assess. In the case below, we discuss why you should consult an expert in Equitable Distribution. (a) Facts: Plaintiff Wife filed a claim for Divorce from Bed and Board, and the couple… [read post]
8 Dec 2020, 10:08 am
The ongoing Covid-19 pandemic has made fundamental changes in how people interact with the world around them. Businesses immediately felt the impact. Small businesses of all kinds were forced to shut their doors in order to protect the public and their employees. The Paycheck Protection Program (PPP), among other emergency relief funds, was offered as a remedy. It was designed to provide needed cash flow in order to continue paying some of the necessities in running a business, such as employee… [read post]
9 Oct 2020, 10:33 am
Rolls v. Rolls, 706 S.E.2d 842 (2010) (unpublished) In North Carolina, Equitable Distribution can be settled without ever needing to step into the courthouse. Separation Agreements and Property Settlements are common ways to resolve the issues incident to a divorce. They are the will of the parties in a separation, distilled onto paper. They are contracts, and there are very precise rules for formation and enforcement of contracts. As we see below, a separation agreement may have been faulty, but it… [read post]
4 Aug 2020, 10:52 am
Steele v. Steele, 36 N.C.App. 601 (1978). In North Carolina and nationwide, character evidence is generally inadmissible in civil trials. Evidence of character and past conduct is not indicative of future conduct and cannot be used to prove that a party acted or will act in conformity with that character trait or past conduct (save for some exceptions). But in a trial for custody, can the court admit evidence of one parent’s character and past acts to show they are better suited to be the… [read post]
11 Dec 2020, 5:47 am
Estes v. Battiston, ___ N.C. App. ___ (2020). In North Carolina, Alienation of Affections and Criminal Conversation are common law torts called “heart-balm” torts that put civil liability on a third party for causing a breakdown in a marriage. In recent years, attempts by defendants to challenge the tort have relied on numerous constitutional bases. Below, we discuss one avenue attempted by a defendant to bring his constitutional challenges before a court. Facts: Plaintiff filed a claim… [read post]
20 Jul 2020, 10:56 am
https://www.dpi.nc.gov/news/covid-19-response-resources/lighting-our-way-forward As the new school year looms ahead, many parents are understandably concerned about how the state and Guilford County Schools (GCSNC) are going to deal with the ongoing COVID-19 pandemic. The safety and education of your children are paramount. This post aims to be an introduction point; if you wish to fully explore the situation, links are provided. What is the current plan? Continue reading → The post The 2020-21… [read post]
