IN THE MATTER OF: J.M. (No. COA19-421) Under certain circumstances, a court will remove children from the custodial care and control of a biological parent and place them with a foster family. The court then develops primary and secondary case plans. The case plans consider the children’s best interests and…
Parental alienation syndrome is a psychological disorder that arises when one parent, whether consciously or unconsciously, engages in conduct that creates a divide between a child and a parent. Psychology Today lists many side effects that children suffer as a result of parental alienation, such as low self-esteem, lack of…
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…
In re C.V.D.C. and C.D.C., _______NC________ (2020). In North Carolina, for a Termination of Parental Rights petition to succeed, a set of factors set out in N.C.G.S section 7B-1110(a) must be weighed by the court. If the balance of those factors favors termination, the trial court has discretion to do…
When a marriage ends, many former couples carry hurt, anger, grief, resentment, and hostility towards each other. Some former spouses cannot let go of these feelings even after the divorce. What happens to the children of these marriages when those feelings carry over into their post-separation lives? During custody exchanges,…
Padilla v. Whitley De Padilla, COA19-478 (2020) (unpublished). Child custody orders are modifiable. In order to do so, the party seeking a modification must show a substantial change from the circumstances found in previous order that warrant the modification. It may seem obvious that a diminishment in the custodial parent’s…
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…
Hamdan v. Freitekh, ______ N.C. App. _______ (2020) (COA19-929). Here in North Carolina, and across the nation, the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) sets the jurisdictional rules for how and where custody orders are enforced. The cardinal rule in custody cases has always been, and continues to be,…
In our practice in Greensboro, North Carolina, it is not uncommon for the parties in a divorce to agree verbally to a change in child support payments. Read on to see how such an apparent show of comity may not hold up in the eyes of the court. Baker v.…
Shak v. Shak, ____ Mass. _____, SJC-12748 (2020). Nondisparagement clauses are ubiquitous in custody agreements and orders. Generally, they are a blanket prohibition on a parent from “talking bad” about the other parent in a form that the minor child(ren) will understand (whether in their presence or on social media,…