North Carolina Divorce Lawyers Blog

Articles Tagged with child abuse

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Parents have a protected right to care for their children in North Carolina, and that right affords them some significant protections when it comes to custody and visitation. For instance, third parties like grandparents can seek visitation and custody only in very limited circumstances.

However, when parents are involved in custody disputes, courts may limit or altogether deny visitation to a mother or father. Every North Carolina custody determination is based on one core principle: the best interests of the child. If a court believes that not having visitation with one parent is best for the child, then the court order will reflect that decision. Continue reading →

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The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is a uniform state law that has been enacted by the majority of states, including North Carolina. The UCCJEA establishes subject matter jurisdiction in child custody cases and indicates which court has the authority to decide on a custody issue. Continue reading →

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When it comes to child custody, the court has the authority and discretion to consider a wide array of factors to further the best interest of the child standard. One such factor is the physical and mental health of the parent. Impairment of one parent in a child custody dispute that stems from alcohol or substance abuse may raise a number of legitimate concerns about that person’s ability to parent.

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Toni Maurie Gwynn was a 17-month angel who died July 10, 2013 in Eden, North Carolina. She was found suffocated and strapped to a car seat. Apparently, she had not had food or water for many hours.

The latest “who dun it” was resolved last week with her father Antonio Gwynn pleading guilty to second-degree murder. Continue reading →

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Dear Carolyn,

I have been reading the horrid stories about children being left in hot cars. I also have been troubled by my next door neighbor leaving her seven-year-old son alone this summer while she goes to work. I have seen this mother lock the door when she leaves in the morning with the child apparently inside. I do think the seven-year-old has a cell phone.  I don’t like this situation for the seven-year-old who just finished first grade. Is there anything I can do?

~ Danger Lurking Next Door Continue reading →

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By: Carolyn J. Woodruff, attorney
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While nothing in this article should be viewed to condone the horrific acts of Christopher Lee Neal, age 42, who shot at a social services worker after children were taken from his home, the event should be a wake up call for the Department of Social Services (DSS). Apparently this Reidsville man targeted at least two social services employees that had been working on his child custody case. He shot at one of the social workers through her car window in Burlington. According to news reports, she was not injured. He was later apprehended in Myrtle Beach. Continue reading →

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By: Jennifer A. Crissman, Attorney, Woodruff Family Law Group
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The name “Responsible Individuals List” may sound like an accolade to parents; however, this is a misnomer. For those unfortunate enough to find their family in the midst of an investigation of child abuse, neglect, and dependency the List is likely to be mentioned. It is important that anyone who finds themselves in this situation be aware of what the term means and the ramifications of being on this list. Continue reading →

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by Jennifer Crissman, Woodruff Family Law Group
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As a parent, it is a nightmare even to imagine your child being harmed. But for some families in the Piedmont, this is a grim reality. The scenario turns even darker when there are allegations that your spouse harmed the child. This places the parent in a terrible position: trying to protect your child from harm, and to reconcile how your spouse could be responsible for the alleged conduct. The parent may not have been aware the abuse was occurring, but may still be called to testify about the facts and circumstances of the alleged abuse either in a juvenile proceeding, a custody trial or criminal proceedings. What is the innocent parent to do? The natural inclination may be to stand mute to try to hold the family together. However, this is not an option. Continue reading →

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By: Jennifer Crissman, Attorney, Woodruff Family Law Group
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In the final installment of our twelve-part practical series for attorneys practicing in Guilford and surrounding counties, we will review the case of State v. Deanes. In our hypothetical situation from Part 1, there were multiple hearsay statements made by the children to various family members, social workers, medical practitioners and detectives. While we have covered the prime hearsay exceptions to have these statements admitted, there is always the possibility that the court will not allow the hearsay in under the already enumerated exceptions. If this happens, the best alternative is to use Hearsay Exceptions Rule 803(24) – “Other Exceptions.” The court in Deanes gives us a broad overview of “other exception where there is inherent trustworthiness” under Rule 803(24), and the proper procedure to utilize this hearsay exception. State v. Deanes, 323 N.C. 508, 374 S.E.2d 249 (1988). Continue reading →

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by Jennifer Crissman, Attorney, Woodruff Family Law Group
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In this installment of our series for family law practitioners in Guilford and surrounding counties, we will discuss the case of State v. Burgess. In our hypothetical scenario, the two children made statements to their grandmother about the abuse by their uncle. Although the timing and circumstances surrounding the statements were not discussed, the statements could qualify for admission under the hearsay exception of excited utterances, Rule 803(2). The case of Burgess provides very clear guidance on this hearsay exception. State v. Burgess, 639 S.E.2d 68, 181 N.C.App. 27 (2007). Continue reading →