Selph v. Selph, 2023-NCCOA-______ (2023) (unpublished).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…
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…
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.…
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…
BOYLES V. ORRELL, 2022-NCCOA-916 (unpublished).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…
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…
Cash v. Cash, 2022-NCCOA-706. Facts: Mother and father were set for a trial on modification of child support. Five days before the trial date, father filed and served an amended financial standing affidavit that reported that his current income was $0 because he was laid off from his employment as…
Keenan v. Keenan, 2022-NCCOA-554, No. COA21-579 (Aug. 16, 2022) In August 2020, Plaintiff’s ex-husband came to Plaintiff’s house to cut her grass. Seems innocent enough, right? But Defendant ex-husband had a history of physically, verbally, and emotionally abusing Plaintiff, had been texting Plaintiff inappropriate things, had been told multiple times…
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…