North Carolina Divorce Lawyers Blog

Articles Tagged with children

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By Sarah Andrew, Blog Writer, Woodruff Family Law Group
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Everyone knows that the best thing about Halloween—besides the mountain of free candy—is the opportunity to transform, at least for the night, into a superhero or a Disney princess or a delightfully spooky creature. (Or, if your parents are at all like mine, into one-half of old-timey comedy duo Laurel and Hardy, with a bowler hat, a fake mustache, and a pillow stuffed under your button-down.) With the exception of nine-year-old me, who wasn’t thrilled to traipse through her Greensboro neighborhood as a middle-aged man, most kids would jump at a second chance to wear their costumes and celebrate all over again. Continue reading →

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By: Jennifer Crissman, Attorney, Woodruff Family Law Group
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For the next several installments of our practical series for family law attorneys in Piedmont Triad area, we will be reviewing the admission of hearsay statements through the business records exception, Rule 803(6). In this installment, we will consider the case of In re S.W., 625 S.E. 2d 594 (N.C. App. 2006). Continue reading →

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By: Jennifer Crissman, Attorney, Woodruff Family Law Group
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In this part of our series we are reviewing a case that is unpublished, but extremely helpful for family law attorneys practicing in Guilford and surrounding counties presenting testimony by professionals from a Children’s Advocacy Center. Continue reading →

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By: Jennifer Crissman, Attorney, Woodruff Family Law Group
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In Part 5 of our series, we look at admitting hearsay statements made to social workers. It is common in cases involving allegations of abuse that a social worker will be involved at some point, whether the social worker conducts the initial interview, or they are brought in after there has been police involvement. Often the social worker will speak individually with the child and will have vital hearsay statements from the child that need to be admitted. A particularly helpful case on this point is State v. Crumbley, 519 S.E.2d 94, 135 N.C. App. 59 (1999). Continue reading →

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By: Jennifer Crissman, Attorney, Woodruff Family Law Group
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The next case that family law practitioners in Guilford and surrounding counties will find beneficial in the admission of hearsay statements is the case of State v. Hinnant, 523 S.E2d 663, 351 N.C. 277 (2000). According to our fact pattern from Part 1 of our series, the children Aaron and Billy were ages 5 and 3. Let us assume that at the custody trial 5 year old Aaron is permitted to testify about the sexual abuse. However, upon the start of the testimony, Aaron becomes inconsolably upset and cannot be calmed to resume his testimony. What then is the attorney to do? Continue reading →

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By: Jennifer Crissman, Attorney, Woodruff Family Law Group
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As we discussed in Part 2 of our series, family law attorneys practicing in Guilford and surrounding counties have difficulty when trying to admit hearsay statements regarding alleged sexual abuse in custody cases. While there may be several ways to have these hearsay statements admitted, it is crucial the attorney determines the most viable hearsay exception that can be applied. In situations where a child has given statements to several professionals at a Children’s Advocacy Center, it can be frustrating as there is a dearth of case law on statements given at Children’s Advocacy Centers. However, a recent case from the N.C. Court of Appeals that is particularly helpful is State v. McLaughlin, No. COA15-333. Continue reading →

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By: Jennifer A. Crissman, Attorney, Woodruff Family Law Group
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In our fact pattern from Part 1 of our series, the first indication of child sexual abuse was in the statements Aaron and Billy made to Grandmother. Family law attorneys in Guilford County would be wise to try to have these statements admitted under the exception in Rule 803(4) on hearsay, “Statements for Purposes of Medical Diagnosis or Treatment.” N.C.G.S. § 8C-1, Rule 803(4). While a practitioner’s first inclination may be to dismiss this hearsay exception as irrelevant since the statements were made to Grandmother who is not a medical professional, this exception is extremely flexible. Continue reading →

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By Jennifer A. Crissman, Attorney, Woodruff Family Law Group
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When attorneys in Guilford County try custody cases in which there have been allegations of child sexual abuse, it is vital that statements made by the child regarding the abuse be admitted into evidence. These statements regarding abuse can be critical in determining the best interests of the child, as well as the level of supervision and involvement of the parents when the abuse of the child occurred. Continue reading →

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What would happen if you would like to move with your child, and the move would affect the current child custody agreement? Of if the other parent wants to move out of state? It is important in either of these situations to speak to a qualified North Carolina custody attorney. At the Woodruff Family Law Group, we have successfully resolved many cases for parents who have sought to relocate with their children or parents who have opposed a move. We understand how emotionally charged relocation cases can be, which is why you can expect the utmost compassion from our entire team. Continue reading →

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By Kristina Pisano, Blog Writer, Woodruff Family Law Group
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I know, the last thing your teenager wants to do this summer is read. But, if you get creative with it, you might be able to get them to read a few books this summer. My 15 year old niece helped me with some of my summertime reading research, so most of this is in her opinion. She is a spirited teen who is a stellar soccer player and student, so I trust her opinion in leading me in the right direction for a good teenage view on literature. Continue reading →