Blackwell v. Blackwell 2021-NCCOA-537 Facts: Mother and Father began a child custody action. Mother subpoenaed numerous mental health documents from healthcare providers. These documents would have purportedly been used at trial to establish Father’s mental health and substance abuse. In 2016, the parties had consented to a custody schedule in…
Lewis v. Lewis, No. COA06-599 Benjamin Lewis (“Ben”) and Gina Lewis (“Gina”) married on January 1, 1994 and had two children. Ben and Gina divorced on August 17, 1998. On June 26, 1998, Ben and Gina executed a separation agreement wherein they agreed to exercise joint custody of the…
Handerson v. Wittig, No.COA20-924 (July 2021). Modifications to child custody orders require a substantial change in circumstances affecting the welfare of the child. The change in circumstance is the gatekeeper. That alone will not amount to modification; the court still needs to determine if the change in circumstance affects the…
Fecteau v. Spierer, COA20-532 (2020). Child custody orders are modifiable. In order modify, the party seeking a modification must show a substantial change in circumstances, from those found in the previous order, that warrants modification. In some cases, primary physical custody is awarded to a nonparent. Most often, this nonparent…
In North Carolina, a parent can lose custody over their minor children to the children’s grandparents. One way this can happen is by Order of the Court in a child custody proceeding. Child custody is never permanent, and below we discuss a way for parents to regain custody by motion…