North Carolina Divorce Lawyers Blog

Articles Tagged with custody

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Reese Witherspoon and Jim Toth announced the end of their marriage on Friday, March 24, 2023.  According to sources, Witherspoon filed the paperwork in the Circuit Court of Davidson County near their home in Nashville.  The Oscar winner and super-agent have one son together, Tennessee James, age 10.  Additionally, according to the paperwork, the couple have a prenuptial agreement.  In preparation for the end of their marriage, the couple have been splitting their assets for some time.  They have sold properties and their production company, Hello Sunshine.  Now, the couple are focused on working out a custody arrangement for their son.   

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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. 

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AMAN V. NICHOLSON, 2023-NCCOA-________ (2023). 

  1. Facts:  Plaintiff and Defendant are parents of a minor child. They separated in fall of 2019. Plaintiff filed for custody, and a temporary order was entered. The temporary order granted joint legal custody (decision making) and primary physical custody to the Plaintiff, visitation to Defendant. It further required each party to obtain and exchange psychological evaluations and to attend counseling. Eventually, the custody matter was set for trial in spring of 2021. On the first day of trial, Defendant provided a list of three expert witnesses that he planned on calling to testify. Plaintiff objected and wanted to exclude the expert testimony. The trial court agreed, and entered an Order that excluded Defendant’s three expert witnesses from testifying. Defendant appealed. 

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In re J.J.H., Supreme Court of North Carolina, No. 430A19, December 18, 2020

This is Respondent Mother’s Appeal to the termination of her parental rights.

  • Facts: Guilford County Department of Health and Human Services (DHHS) filed petitions alleging that three of the five minor children involved were neglected and dependent juveniles. The remaining two minor children were alleged to be neglected juveniles. The agency reported receiving eleven reports on this family between October 2011 and February 2016. DHHS had substantiated nine of these reports. The reports alleged inadequate supervision. DHHS found that the two-year-old female was taken to the hospital twice for burns to her hands, arms, and buttocks. The five-year-old male received a school suspension for hitting and kicking daycare teachers. The Respondent Mother’s elderly grandmother, who suffered from seizures, reported that the mother had left the children in her care without permission. DHHS found that the respondent-mother left the children alone in the home only supervised by a five-year-old. Reports included the child drawing pictures of sexual acts, explaining human anatomy to classmates, attempting to engage in sexually inappropriate conduct with siblings, and describing acts of sexual abuse by an older cousin, who also acted as an overnight caregiver. The respondent-mother missed multiple medical appointments for one minor child that suffered from a large mass in his nose. The children were returned to school when the respondent mother failed to be present when they arrived home on the bus. DHHS reports noted the home’s utility services were disconnected.

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T.J. Holmes, the Good Morning America star who was axed after an ABC network internal investigation, has filed for divorce from his wife of ten years, Marilee Fiebig.  Rumors began that Holmes and Amy Robach, another Good Morning America star, were romantically linked despite both being married to other people.  After ABC’s internal investigation, it was decided that both should move on from the network and pursue other opportunities.     Continue reading →

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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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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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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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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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