Parents have a protected right to care for their children in North Carolina, and that right affords them some significant protections when it comes to custody and visitation. For instance, third parties like grandparents can seek visitation and custody only in very limited circumstances. However, when parents are involved in…
Articles Posted in child abuse
The UCCJEA and Temporary Emergency Jurisdiction in North Carolina
The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a uniform state law that has been enacted by the majority of states, including North Carolina. The UCCJEA establishes subject matter jurisdiction in child custody cases and indicates which court has the authority to decide on a custody issue. North…
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…
Grandparents Listen Up
Toni Maurie Gwynn was a 17-month angel who died July 10, 2013 in Eden, North Carolina. She was found suffocated and strapped to a car seat. Apparently, she had not had food or water for many hours. The latest “who dun it” was resolved last week with her father Antonio…
Danger Lurking Next Door
Dear Carolyn, I have been reading the horrid stories about children being left in hot cars. I also have been troubled by my next door neighbor leaving her seven-year-old son alone this summer while she goes to work. I have seen this mother lock the door when she leaves in…
Wake Up Call, DSS!
By: Carolyn J. Woodruff, attorneyWhile nothing in this article should be viewed to condone the horrific acts of Christopher Lee Neal, age 42, who shot at a social services worker after children were taken from his home, the event should be a wake up call for the Department of Social Services (DSS). Apparently this…
The Responsible Individuals List and Its Consequences
By: Jennifer A. Crissman, Attorney, Woodruff Family Law GroupThe name “Responsible Individuals List” may sound like an accolade to parents; however, this is a misnomer. For those unfortunate enough to find their family in the midst of an investigation of child abuse, neglect, and dependency the List is likely to be mentioned. It is important that anyone who…
Child Abuse and Spousal Privilege
by Jennifer Crissman, Woodruff Family Law GroupAs a parent, it is a nightmare even to imagine your child being harmed. But for some families in the Piedmont, this is a grim reality. The scenario turns even darker when there are allegations that your spouse harmed the child. This places the parent in a terrible position: trying…
He Said, She Said: Admission of Hearsay Statements Regarding Child Sexual Abuse in Custody Cases: Part 12 of 12 Parts
By: Jennifer Crissman, Attorney, Woodruff Family Law GroupIn the final installment of our twelve-part practical series for attorneys practicing in Guilford and surrounding counties, we will review the case of State v. Deanes. In our hypothetical situation from Part 1, there were multiple hearsay statements made by the children to various family members, social workers, medical practitioners…
He Said, She Said: Admission of Hearsay Statements Regarding Child Sexual Abuse in Custody Cases: Part 11 of 12 Parts
by Jennifer Crissman, Attorney, Woodruff Family Law GroupIn this installment of our series for family law practitioners in Guilford and surrounding counties, we will discuss the case of State v. Burgess. In our hypothetical scenario, the two children made statements to their grandmother about the abuse by their uncle. Although the timing and circumstances surrounding the statements…