Guest Post – A Former District Court Judge and Family Law Attorney Focuses on Family Law Issues

The work below is courtesy of Stan Brown, a Charlotte Family Law attorney and former District Court Judge.  This is a collection of his thoughts, based on his experience, as to whether Amendment One will have a positive or negative impact on various family law issues.  This is very helpful, because it comes from someone with years of experience, who has studied family law issues as a judge and practicing attorney. 

Proposed NC Constitutional Amendment Defining Marriage as Only Adult Male to Adult Female

Family Law Issues

Family Law Issue

Impact of Amendment Being Passed

 

Positive Impact

Negative Impact

I.  Custody of Children No positive impact. This is a very complicated legal issue under the present   law regarding same sex couples and passage would probably render it even more   complicated unless susceptible to statutory improvement or clarification; in   summary, it could render more difficult the ability of the Courts and/or the   legislature to attempt to make workable what will happen to children being   reared by gay parents upon a separation.    The examples are too many to list in this summary.
II.  Adoption of Children No positive impact. This is a very complicated issue now and, in a way similar   to the custody issues above, the amendment would make more difficult and   perhaps bar the adoption of a child by both same sex parents and could bar   adoption by either parent; if only one is the adoptive parent, what are the   custodial interests of both same sex parents after a separation regarding   custody of the adopted child?  This   could possibly lead to future legislative enactments barring the adoption of   a child by a same sex couple or same sex individual parent.
III.  Domestic Violence Passage of the amendment would not alter, limit, or   complicate the current applicability, which are very effective, of the   current domestic violence statutes; domestic violence, while it often occurs   between spouses, is not limited to spouses and the legislature has the   authority to deal with violence between citizens. No negative impact.
IV.  Ownership of Real Property, Alimony or   Financial Support After Separation, Equitable Distribution (the   post-separation division and ownership of all assets acquired during the   marriage) No positive impact. The present status of the law regarding all three of these   very important aspects of living together in a union is difficult and   ineffective as applied to same sex couples.    The law offers very few if any protections to either same sex member   after separation with regard to these areas.    The passage of the amendment would not provide any assistance with   regard to future changes in the law that would make a resolution of these   issues more available and more effective and would almost certainly bar   future legislation from achieving more equitable and workable ways of   resolving the issues in this area caused by a separation of a same sex   couple.
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2 Responses to Guest Post – A Former District Court Judge and Family Law Attorney Focuses on Family Law Issues

  1. Pingback: So what is the truth about the NC domestic violence laws and Amendment One? | NC Amendment One Truth

  2. I like this post, enjoyed this one thanks for putting up. “To affect the quality of the day that is the art of life.” by Henry David Thoreau.

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