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 to the Court. Continue reading →
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 only on the denial of the Motion for Contempt. Continue reading →
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 whether the parent is deemed fit or unfit. Courts strive to reunify the children with a biological parent, but in cases where courts determine a parent is unfit, adoption and/or foster families are appropriate alternatives. The case below reveals key findings the trial court needs to make before ceasing reunification efforts between a Mother and her child. Continue reading →
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 trust, depression, and substance abuse. Parental alienation often occurs in contentious custody or divorce suits where one parent carries ongoing animosity toward the other parent. Parental alienation may also occur through the actions of stepparents or other family members. Continue reading →
https://www.dpi.nc.gov/news/covid-19-response-resources/lighting-our-way-forward
As the new school year looms ahead, many parents are understandably concerned about how the state and Guilford County Schools (GCSNC) are going to deal with the ongoing COVID-19 pandemic. The safety and education of your children are paramount. This post aims to be an introduction point; if you wish to fully explore the situation, links are provided.
What is the current plan?
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 so for the best interests of the child. But does the court need to write down those specific findings? And what if you wanted to appeal their decision? Below, we discuss a case that addresses the manner in which appellate courts review such decisions of the lower courts, and whether or not a court is required to make written findings. Continue reading →
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? Continue reading →
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 life may meet that threshold. But below, we discuss a case where improvements in the noncustodial parent’s life warranted a modification in his favor, granting him more time with his kids and more decision-making abilities. Continue reading →
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 be substantiated by a factual basis for the denial. But what basis is required? Below, we discuss how one court did so, and the ensuing legal confusion that required the North Carolina Supreme Court to step in. Continue reading →
Hamdan v. Freitekh, ______ N.C. App. _______ (2020) (COA19-929).
Here in North Carolina, and across the nation, the Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) sets the jurisdictional rules for how and where custody orders are enforced. The cardinal rule in custody cases has always been, and continues to be, adjudicated with the best interests of the child in mind. The UCCJEA aligns with that cardinal by preventing parents from forum shopping, instead ordering that disputes be litigated in the state with which the child and family have the closest ties. Continue reading →
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