North Carolina Divorce Lawyers Blog

Articles Tagged with children

Published on:

By

Marecic v. Baker, 2023-NCCOA-______ (2023) (unpublished).

  • Facts: The case involved a dispute between the Plaintiff and Defendant, who are the biological parents of a minor child named R.J.M. The parties never married but purchased real estate in North Carolina and Florida during their relationship. Defendant had two older children from a previous marriage. Initially, they lived together with the children in North Carolina. Their relationship ended in January 2017, and Defendant and her two children moved to an apartment while Plaintiff stayed in their property. Despite the separation, they shared custody of R.J.M., with Plaintiff covering most of Defendant’s living expenses and expenses related to all the children. Actions commenced in December 2018 when Plaintiff filed for child custody, child support, attorney’s fees, and alternative dispute resolution. Defendant responded with a complaint for various matters, and the cases were consolidated. Temporary child custody orders were issued in March and July 2019, followed by a permanent child custody order in May 2021, granting shared custody on a rotating schedule. In May 2022, the trial court issued a child support order, and in June 2022, Defendant’s attorney filed for attorney’s fees. In August 2022, the trial court ordered Plaintiff to pay for some of defendant’s legal expenses. Plaintiff appealed.

Continue reading →

Published on:

By

IN RE: H.G., 2023-NCCOA-______ (2023) (unpublished).

Facts:

In June 2012, the respondent adopted Heather, along with her older sisters Sally and Ellen. In a prior legal proceeding, allegations of improper discipline led to the adjudication of neglect and dependency for Heather, and abuse, neglect, and dependency for Sally and Ellen. Continue reading →

Published on:

By

Rose v. Powell, 2023-NCCOA-______ (2023).

  • Facts: Plaintiffs were the biological grandparents of the minor child in this case. Plaintiffs’ son, Jacob Chandler Rose, unexpectedly passed away. At the time of his death, the Defendant, Jacob’s wife, was pregnant with Jacob’s child, later named Aubrey, born on April 30, 2019. The Plaintiffs embraced their role as grandparents to Aubrey and spent time together, forming a close bond until May 2021. During this period, they assisted the Defendant with legal matters related to social security claims and provided financial support for Aubrey’s baptism. However, in May 2021, the Defendant severed contact between the Plaintiffs and Aubrey, resulting in a cessation of visitation. The Plaintiffs responded by seeking secondary custody of Aubrey on November 29, 2021. The Defendant, on February 2, 2022, filed a motion to dismiss and countered with requests for temporary and permanent custody, along with child support arrangements. The case was heard on August 15, 2022, the court issued an order dismissing the case. The Plaintiffs appealed this decision.

Continue reading →

Published on:

By

Divorce is rarely simple, and when children are involved the complexities can intensify. Child support is one of the most critical aspects that parents need to consider during the separation process. A recent North Carolina case, Bishop v. Bishop, sheds light on some crucial issues that can arise in child support matters, especially for high net-worth parents. Continue reading →

Published on:

By

Child custody is often a highly contentious topic in family law because of both parents’ and guardians’ strong desires to spend as much time as possible with their child. If you currently have a permanent custody order in place, you may be able to have it amended. However, while it is possible for custody orders to be changed by the court, it is not something you can request on a whim; you must adhere to strict legal requirements.

North Carolina Requirements

Permanent custody orders require two elements in order for there to be a valid reason to amend them, which are:

Continue reading →
Published on:

By

Mother’s Day is a special occasion to honor and appreciate the remarkable women who have played a significant role in our lives. However, for those going through a divorce, this holiday can bring about mixed emotions and unique challenges.

In the typical custody arrangement, Mother’s Day is a special holiday that requires a small departure from the typical custodial schedule. Usually, Mom will have Mother’s Day, and Dad will get Father’s Day. It can be immensely valuable for Mothers in a shared custody situation to make the day special and positive. Continue reading →

Published on:

By

IN RE: A.W., 2023-NCCOA-________ (2023). 

  1. Facts: Orange County DSS received a report for domestic violence that occurred in September 2018, where Father dragged Mother into another room by her hair, struck her in the back of the head, threw her against a wall, and essentially choked Mother until she lost consciousness. Their child witnessed this violence. Father then sent threatening messages to Mother, wherein he made threats to kill Mother or the child. Father was criminally charged for his conduct. While a domestic violence order of protection was granted to Mother against Father, the two continued to have contact. DSS filed a petition. A hearing for TPR was eventually held where the trial court terminated Father’s parental rights on the grounds, among others, that the child was neglected. Father appeals. 

Continue reading →

Published on:

By

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 →

Published on:

By

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 →

Published on:

By

Keenan v. Keenan, 2022-NCCOA-554, No. COA21-579 (Aug. 16, 2022)

In August 2020, Plaintiff’s ex-husband came to Plaintiff’s house to cut her grass. Seems innocent enough, right? But Defendant ex-husband had a history of physically, verbally, and emotionally abusing Plaintiff, had been texting Plaintiff inappropriate things, had been told multiple times not to come to Plaintiff’s house, and wouldn’t leave even though Plaintiff told him to four times. That context makes the situation seem very different, doesn’t it? Plaintiff got so nervous about what Defendant might do that it gave her a panic attack, and she filed for a Domestic Violence Protective Order (DVPO). The DVPO was granted because the trial court found that Defendant placed “the aggrieved party or a member of [her] family or household in fear of imminent serious bodily injury or continued harassment, as defined in [N.C.G.S. §] 14-277.3A, that rises to such a level as to inflict substantial emotional distress.” (N.C.G.S. § 50B-1 (a)(2)) Continue reading →