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…
Davis v. Davis, 748 S.E.2d 594 (N.C. App. 2013) Here we examine a North Carolina Court of Appeals case where the Defendant appealed the trial court denial of a motion to modify custody and a motion to hold the Plaintiff in contempt of court. For this article, we will focus…
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…
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,…
In re F.S.T.Y. and A.A.L.Y., ____NC______ No.129A19 (2020). Termination of parental rights cases are complicated and difficult. Even more so when one parent is out of state and having to litigate in North Carolina. In the case below, we discuss how the North Carolina Supreme Court upheld a termination of…
When parties begin the process of divorce, many people feel that that they should include college expenses in a separation agreement. One or both spouses want to ensure that the college expenses for their minor children are covered when the children reach that milestone. But should you agree to cover…
Padilla v. Whitley De Padilla, COA19-478 (2020) (unpublished).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…