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…
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…
Gilleland v. Adams, 2023-NCCOA-9 (unpublished) Facts: Defendant gave birth to a child in 2017.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…
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,…
BOYLES V. ORRELL, 2022-NCCOA-916 (unpublished).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…
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?…
Ouléye Ndoye, former wife of Georgia Democratic Senator Raphael Warnock, is demanding he submit to questioning as their child custody battle continues. Ndoye’s accusations say Warnock has failed to render proper custody of the parties’ minor children during his days of their agreed parenting schedule. Warnock’s work-related obligations have resulted…
In October 2022, the North Carolina Court of Appeals addressed whether a parent who hasn’t had contact with their child because the child had been actively removed and hidden from them still has their constitutional right to parent their child. In the United States, a parent has a constitutionally protected…
Today, we are taking a look at the Indian[1] Child Welfare Act (ICWA), a federal law managed by the US Bureau of Indian Affairs. The ICWA was passed in 1978 to counteract the unfair treatment of Indigenous children in state and foster care. The US has a nasty history of…
As many families gear up for Halloween with their children, religious concerns about the holiday have led to an increase in “Fall Festivals” or “Trunk or Treats” to provide more religious families with an alternative to a traditional celebration full of ghosts and ghouls. During this time of year, religious…