Kurtz & Blum, PLLC

10/19/2026

Grandparents have limited visitation rights in North Carolina and only in specific situations. There's no general right to petition for time with a grandchild simply because a close relationship existed and is now being cut off. Where a child is living in an intact family and the parents agree, courts are highly reluctant to override that, and the constitutional weight given to parental decision-making is why.

The main visitation route requires an ongoing custody dispute between the parents for a grandparent to step into.

Two routes sit outside that rule. A biological grandparent can seek visitation with a grandchild adopted by a stepparent or other relative, where a substantial relationship already exists, with no pending custody case required. And a grandparent can bring an initial claim for custody — a different and much higher-bar claim — by alleging a parent is unfit or has acted inconsistently with their parental status.

Timing and the posture of the parents' case matter enormously here.

10/19/2026

10/15/2026

A charge is not a conviction. The state has to establish each of the following, and each is contestable.

1. The stop. An officer needs reasonable, articulable suspicion, grounded in concrete observations, like imperfect driving or a vehicle defect. If that basis doesn't hold, the case can end there.

2. The arrest. Probable cause is built from driving patterns, observations of speech, eyes, and coordination, and roadside breath tests, which are far less reliable than the station instrument and can produce inconsistent readings.

3. The proof of impairment. Breath test admissibility depends on proper calibration of the instrument, proper officer training, and whether your right to have a witness present was honored within the 30-minute window. Without a valid breath test, the state must prove appreciable impairment by observation alone.

Three related facts most people get backwards: field sobriety tests are voluntary in North Carolina, though refusing a roadside screening test can itself be used as evidence. A BAC over 0.08 does not mean automatic guilt. And a DWI can be proven with no breath test at all.

10/13/2026

The formal difference is that felonies carry longer potential prison sentences and lasting collateral consequences, including fi***rm restrictions. Most misdemeanors don't affect fi***rm rights, with one significant exception: a misdemeanor domestic violence conviction triggers a federal fi***rm ban.

But the phrase that gets people into trouble is "it's just a misdemeanor, I'll plead guilty and be done."

You won't be done. A misdemeanor conviction is presumptively permanent in North Carolina. Some nonviolent misdemeanors become eligible for expunction after a waiting period, but many convictions never do.

Downstream, a misdemeanor conviction can affect:
• Employment, professional licensing, and background checks — forever
• Fi***rm ownership, depending on the offense
• Certain scholarships, campus housing, and school disciplinary outcomes

And prior offenses compound. Your record can worsen sentencing and plea negotiations on any future charge, which means today's quick resolution can raise the stakes on something years from now.

A low fine and a fast court date can look like the cheap option. The permanent record is the actual price.

10/09/2026

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10/08/2026

A North Carolina custody or child support order isn't permanent. It also isn't casually revisable.

Both can be modified, but the court requires a showing of a substantial change in circumstances since the order was entered. That's the gate. Disliking the arrangement isn't a change in circumstances. A significant shift in income, a relocation, a change in a child's needs, or a change in either parent's ability to care for the child can be.

Related points worth knowing in North Carolina:

Custody doesn't require a courtroom. Parents who agree can formalize the arrangement through a custody consent order — legally binding, no hearing.

Without an order, both parents have equal rights. Absent a custody order, neither parent has superior legal standing to keep the child from the other. That's the situation that sends people to court for an emergency hearing.

10/06/2026

The more serious the charge, the harsher the consequences, and none of the paths are good.

On more serious charges, missing court can trigger an order for arrest. On lower-level cases, you may be looking at license suspension or a change in the case's status.

Then there's the compounding problem: if you take too long to address it, prosecutors may take a harder line — including requiring a guilty plea before they'll move the case forward. A missed date doesn't just add a penalty, it can reshape the negotiating posture of the entire case.

10/05/2026

What a few days in New York looked like: a lot of great conversations and even better company!

We had such a great time with Women Owned Law, connecting with other women in the legal community, sharing stories, and learning from one another.

One of the best parts was simply spending time together, both at the event and exploring the city. We learned a lot, laughed a lot, and definitely made the most of our time in New York!