North Carolina Divorce Lawyers Blog

Articles Posted in Custody

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A couple in India, Sanjeev Ranjan Prasad and his wife Sadhana Prasad, are retired and longing for a grandchild.  The couple have one son, who received pilot training in the United States and is currently a pilot. Approximately six years ago, Sanjeev and Sadhana arranged for their son to marry their now daughter-in-law. According to Sanjeev and Sadhana, more than enough time has passed for the couple to settle into married life and begin having children.

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This May, Mental Health Awareness Month, we examine how mental health stigmas impact child custody cases and what to consider if you are a parent diagnosed with a mental illness.

 

Lately, it seems like everywhere you turn, people are discussing Amber Heard and Johnny Depp. A lot has been said about Heard’s mental health issues and the testimony given by psychologist Shannon Curry, who described those with borderline personality disorder and histrionic personality disorder as showing “a lot of cruelty,” “very concerned with their image,” and playing a “victim or princess role.”

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During a stage presentation at CinemaCon in Las Vegas last week, Olivia Wilde was handed a yellow envelope marked “Personal and Confidential.”  Wilde was discussing her upcoming film Don’t Worry Darling when the ordeal transpired, confusing both Wilde and the audience.  Out of curiosity, she opened the envelope to see what was inside.  After noting the contents, Wilde continued with her presentation.  Later, sources confirmed that the envelope contained legal papers pertaining to her children with ex-fiancé Jason Sudeikis.

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Maddukuri v. Chintanippu, 2022-NCCOA-128 (1 March 2022)

Stipulations are often used to expedite portions of a case/trial so that there is no time wasted on them, allowing the court to focus on the issues that are actually in contention. The use of stipulations of fact is pretty common. It removes the inconvenience of having to show evidence of facts that no one contests. Stipulations can also be used for settlement. These allow for the concession between parties of some rights in return for others. Below is a case where the Court dealt with the potential withdrawal of a stipulation. Continue reading →

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Wayne Hopper, Legal Assistant

Risen v. Risen, COA19-342 (N.C. Court App. 2020)

The legal term “contempt of court” describes situations when an individual either willfully refuses to follow or otherwise fails to obey a legally binding order issued by a court. North Carolina recognizes two types of contempt: criminal contempt and civil contempt. Criminal contempt is used when a party violates a court order (or otherwise showing disrespect for the court) and to deter future acts of contempt. Civil contempt is intended to provide a remedy for an injured party or to force compliance with an existing court order. But does contempt have limits? In North Carolina a trial court judge threatened two minor children with civil contempt during a custody dispute between their parents. Continue reading →

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Wayne Hopper, Legal Assistant

Graham v. Jones

Child custody issues can be confusing and difficult to navigate. This is especially true when grandparents seek custody of a grandchild. Grandparents find themselves with questions regarding child custody and their rights and often do not know where to begin. Would it be best to seek custody or visitation? What are the potential benefits and drawbacks of each? Which is likely to be more successful? North Carolina case law can answer those questions. Decisions made by N.C. courts establish legal precedents which help guide courts in making decisions on similar issues today. For grandparents seeking custody or visitation due to the death of their own child (a biological parent of the child in question) and parental fitness of the surviving parent, the case of Graham v. Jones may provide some guidance. Continue reading →

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Williams v. Johnson, 2022-NCCOA-120 (2022) (unpublished).

  • Facts: Mother and Father were in a custody case over their minor child. On April 28, 2017, Mother was awarded primary custody, and Father received visitation. A few years later, on August 11, 2020, the trial court modified the custody but later vacated their order, reverting back to the April 28 Order. In October of 2020, Father filed to modify the custody. Linda Key was called on to testify that, for the past three years, she was the caretaker for the minor child. Ms. Key is not a party to this case and has not entered into the case in any form. Trial court granted custody of the minor child to Ms. Key and found that both parents had acted contrary to their protected status as parents. Father appealed.

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Kim Kardashian and Kanye West’s custody battle involving their four children has begun to heat up.  When Kim first filed for divorce early last year, both Kim and Kanye agreed that they should share joint custody of their four children.  Now, it appears the couple is a long way from agreeable terms.

 

It is not the first time Kanye West has taken to social media to air his grievances.  The artist often uses platforms such as Twitter and Instagram in a personal diary manner, posting entries for his millions of followers to read.  Kanye, who recently legally changed his name to Ye, shared a string of since-deleted images and messages about his fears for the safety of his daughter, North West, and allegations against Kim.  A few of the deleted messages are outlined below.

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As COVID-19 persists in our daily lives, the war on vaccines rages on. Many parents continue to disagree about vaccination status concerning themselves and their minor children.  Two parents who currently reside in New Brunswick, Canada, have found themselves in a heated disagreement with each other over vaccines and sought a judge to rule on the disagreement.  The parents, who are not identified in the court ruling, separated in 2019 and share custody of their three children. Continue reading →

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On May 23, 2021, a cable car cabin crashed in Stresa, near Lake Maggiore, Italy.  Eitan Biran, his parents, younger brother, and 11 other people were in the cabin when it plunged to the ground.  Biran was the sole survivor.  The child was born in Israel but moved to Italy with his family when he was just one month old.  Biran had been living in Italy ever since.  After the crash, Biran lived with his aunt in Italy.  While visiting Biran in Italy, Biran’s maternal grandfather drove him to Switzerland without his aunt’s consent and chartered a private jet to take the two back to Israel.  A cross-border custody battle ensued. Continue reading →