North Carolina Divorce Lawyers Blog

Articles Posted in Children

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Gilleland v. Adams, 2023-NCCOA-9 (unpublished) 

Facts: Defendant gave birth to a child in 2017. Plaintiff claimed he was the father and filed for custody. Defendant filed her answer and also a motion to dismiss, citing to Rules 12(b)(1) and 12(b)(6) of the North Carolina Rules of Civil Procedure and arguing that Plaintiff could not bring a custody case because he was not the father. The parties consented to get a court-ordered paternity test. Plaintiff was revealed to be not the child’s biological father. Plaintiff then amended his complaint and alleged that Defendant had acted inconsistent with her right to be a parent and that it was in the child’s best interests to have custody with Plaintiff. The trial court conducted a hearing on the motion to dismiss. The trial court heard from witnesses and received exhibits. Defendant’s motion to dismiss was granted. Plaintiff appealed.  Continue reading →

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Last year came to an end, but not before Kanye West and Kim Kardashian were able to close the chapter on their formerly wedded life and settle matters associated with their divorce.  It is reported that Kardashian and West will share joint custody of their four children – North, 9, Saint, 6, Chicago, 4, and Psalm, 3.  Despite this, sources close to Kardashian report that she will continue to have the children approximately eighty percent (80%) of the time.  The settlement also outlines West’s monthly child support payment, which is $200,000.00 per month.  Additionally, West is responsible for covering fifty percent (50%) of the minor children’s educational expenses (i.e., tuition), and security expenses.   

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Price v. Price, 2022-NCCOA-928 (unpublished).

Facts: In April of 2020, Mother filed a motion to modify child support. A hearing on that motion was eventually calendared for November of 2020.

In the meantime, Father had fired his attorney. Father did not show up for the modification hearing, and the trial court proceeded without him. Mother introduced evidence of Father’s income by producing in court his 2019 W2 showing a gross income of $251,918.59. Mother also produced records that Father was receiving $1500 a week in disability insurance between October of 2019 and April 2020 which was thought to be in addition to his income. Mother’s income was only $685.44 a week from her work.

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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 court entered a subsequent consent child custody order where it was ordered that neither parent would abuse alcohol or use illegal drugs, or abuse prescription drugs while with the minor child. It also allowed either party to request up to four random drug tests which would have to be performed within 24 hours. Continue reading →

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BARHAM V. BARHAM, 2022-NCCOA-798 (unpublished).

Facts: Plaintiff and Defendant are parents of eight children. At this time, all eight children have attained the age of majority (18). There have been numerous child support orders in their case for their children. When their seventh child graduated from high school and turned 18, a motion to modify was filed and a consent order was entered that required Plaintiff to pay $716 a month for support for the final eighth child. Plaintiff instead paid 1 cent per pay period. Plaintiff also filed a motion seeking to establish credit for overpayment of child support, alleging that he overpaid from 2013-2019 by $12,486.95, and that overpayment should be applied to the prospective award from the modification. Defendant filed for contempt for nonpayment of support. Trial court found Plaintiff in contempt, he appeals. Continue reading →

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Custody cases have different terms that can be difficult to understand. Most people think of custody as the right to parent their children. After all, what else is there? It turns out it isn’t that simple. A custody order will address both legal and physical custody. Continue reading →

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WINEBARGER v. STEEN, 2022-NCCOA-739.

Facts: Mother and Father split and had a case with child support. Mother requested to deviate from the child support guidelines. On 10 June 2021, the trial court imposed a $290.38 child support obligation on Father, consistent with the child support guidelines. No findings or conclusions of law were made concerning Mother’s income and expenses. No child support worksheet was attached, although one was referenced in the Order. Father’s income was found to be $52,781.05, even though the Order also found that Father was totaling $63,975.05 in income earlier in the Order. No explanation was given for the discrepancy. Among sources of income, $4,967 was included as part of a Paycheck Protection Program (“PPP”) Loan. Father appealed. Continue reading →

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Ouléye Ndoye, former wife of Georgia Democratic Senator Raphael Warnock, is demanding he submit to questioning as their child custody battle continues.  Ndoye’s accusations say Warnock has failed to render proper custody of the parties’ minor children during his days of their agreed parenting schedule.  Warnock’s work-related obligations have resulted in extended periods of travel for Warnock, leaving him unavailable during his agreed custodial time.  The parties’ parenting schedule awarded Warnock two weekdays per week, which he is no longer able to fulfill.

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It’s your first holiday with your adopted child and you’ve done everything to make it perfect, with magazine-worthy tables of food, a home full of beautiful decorations, and lights twinkling just right in the annual family photo – at least until the dog eats the turkey, the cat knocks down the Christmas tree, and someone is blinking in every single picture! We all know that reality never goes exactly as you plan, but by following these tips to support your adopted child through the inevitable messiness, your first holiday season as a complete family can turn out better than you ever imagined! Continue reading →

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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. Continue reading →