Rose v. Powell, 2023-NCCOA-______ (2023). Facts: Plaintiffs were the biological grandparents of the minor child in this case. Plaintiffs’ son, Jacob Chandler Rose, unexpectedly passed away. At the time of his death, the Defendant, Jacob’s wife, was pregnant with Jacob’s child, later named Aubrey, born on April 30, 2019. The…
Selph v. Selph, 2023-NCCOA-______ (2023) (unpublished).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…
Defendant Mother appeals from the trial court’s order on child support and custody. The Court of Appeals reverses and remands. Plaintiff Father and Defendant Mother married on January 1, 1994. The parties had two sons and separated on May 10, 1997. The parties’ divorce judgment was filed on August 17,…
Argueta v. Baker, 137 A.D.3d 1020, 27 N.Y.S.3d 237 (2016) There are times where parents do not effectively co-parent. There are even times where one parent goes out of their way to interfere in the parent-child relationship with the other parent. There are ways to enforce the controlling custody order,…
Divorce can be stressful. The process of dividing property that has accumulated between you and your ex-spouse is a given. Questions regarding how you will split all that you have shared – the marital residence, cars, custodial time with the children – are all commonplace questions individuals ask themselves when…
In Jordao, the North Carolina Court of Appeals reviewed N.C.G.S. § 50-13.2 and how the statute requires the trial court to evaluate all relevant factors, including domestic violence in determining if custody and visitation is in the best interest of a child. Jordao v. Jordao, No. COA19-858 (N.C. Ct. App.…
Padilla v. Whitley De Padilla, COA19-478 (2020) (unpublished).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…
Dear Carolyn, I am a father of a beautiful 8-year-old daughter and a handsome 10-year-old son. I live here, but the mother lives in California. The mother has custody, but the children will be visiting with me for the last two weeks of July and the first two weeks of…
Dear Readers, Internet addiction is here and is real! I would like to hear from you on this topic. Do you know that a Kaiser Family Foundation study showed that two-thirds of parents have no rules on internet use, particularly internet use unrelated to homework and research? Today’s second Ask…