Selph v. Selph, 2023-NCCOA-______ (2023) (unpublished). Facts: Plaintiff and Defendant married in December of 2017 and separated on July 20, 2021. They had one child together, which was the subject of a custody action. Plaintiff retained counsel to handle custody, whereas Defendant proceeded on his own. The two ended up…
Articles Posted in Custody
Alcohol and Substance Abuse and Child Custody
When it comes to child custody, the court has the authority and discretion to consider a wide array of factors to further the best interest of the child standard. One such factor is the physical and mental health of the parent. Impairment of one parent in a child custody dispute…
Witherspoon/Toth Divorce Announced
Reese Witherspoon and Jim Toth announced the end of their marriage on Friday, March 24, 2023. According to sources, Witherspoon filed the paperwork in the Circuit Court of Davidson County near their home in Nashville. The Oscar winner and super-agent have one son together, Tennessee James, age 10. Additionally, according…
Expert Witnesses and Child Custody
AMAN V. NICHOLSON, 2023-NCCOA-________ (2023). Facts: Plaintiff and Defendant are parents of a minor child. They separated in fall of 2019. Plaintiff filed for custody, and a temporary order was entered. The temporary order granted joint legal custody (decision making) and primary physical custody to the Plaintiff, visitation to Defendant.…
Appellate Practice Clarification
AMAN V. NICHOLSON, 2023-NCCOA-________ (2023). Facts: Plaintiff and Defendant are parents of a minor child. They separated in fall of 2019. Plaintiff filed for custody, and a temporary order was entered. The temporary order granted joint legal custody (decision making) and primary physical custody to Plaintiff, visitation to Defendant. It…
Attorney Fees When Support and Custody Are Involved
LIMERICK V. ROJO-LIMERICK, 2023-NCCOA-________ (2023). Facts: Plaintiff and Defendant are parents of a minor child. In August of 2020, Plaintiff filed for divorce from bed and board, child custody and child support, and attorney fees. Defendant counterclaimed for custody, child support, equitable distribution, alimony, and attorney fees. Defendant then voluntarily…
Standing and Jurisdiction in Nonparent Custody
Gilleland v. Adams, 2023-NCCOA-9 (unpublished) Facts: Defendant gave birth to a child in 2017. Plaintiff claimed he was the father and filed for custody. Defendant filed her answer and also a motion to dismiss, citing to Rules 12(b)(1) and 12(b)(6) of the North Carolina Rules of Civil Procedure and arguing…
The Kardashian-West Divorce
Last year came to an end, but not before Kanye West and Kim Kardashian were able to close the chapter on their formerly wedded life and settle matters associated with their divorce. It is reported that Kardashian and West will share joint custody of their four children – North, 9,…
Contempt – does it require noncompliance at the time of hearing?
BOYLES V. ORRELL, 2022-NCCOA-916 (unpublished). Facts: Mother and Father married in 2014 and separated about four months later. The couple had a daughter together, who is eight years old. The parties entered into a consent custody order and the mother had primary physical custody. In March of 2020, the trial…
Legal versus Physical Custody
Custody cases have different terms that can be difficult to understand. Most people think of custody as the right to parent their children. After all, what else is there? It turns out it isn’t that simple. A custody order will address both legal and physical custody. What is Legal Custody?…