North Carolina Divorce Lawyers Blog

Articles Tagged with family law

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John S Davis, NCCP

The nature lovers here at Woodruff Family Law Group, which presumably is all of us, were delighted last year to discover that a pair of Mourning Doves had built a nest under our back door awning. Despite constant daytime traffic, the birds stayed there for the entire nesting season, and it is likely that they raised more than one brood. When the nest was abandoned in the fall, we left it alone and are again delighted to find that the nest is again in use, and it is safe to assume it is the same pair of birds.

Mourning Doves, also called Carolina Turtle Doves, are prolific breeders, a quality that helps offset their position as prey to other birds and to man. Four broods per season is a common number and some pairs manage up to six. The couples do not mate for life but do frequently re-pair from one season to the next. In warmer regions a couple will stay together throughout the year, essentially becoming lifelong mates.

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CHOCIEJ V. RICHBURG, 2023-NCCOA-________ (2023). 

Facts: Plaintiff and Defendant dated. On May 31, 2021, there was a fight between the couple, and Defendant broke Plaintiff’s nose with his fists and/or forehead. Another fight broke out between the couple in the bedroom, wherein Defendant used his belt and household items, such as a lamp, to hit Plaintiff. This caused black-eyes and bruising on Plaintiff. The police were called, but Defendant fled.

Eventually, the police arrested him in July 2021 and charged him with assault on a female. After the arrest, Defendant called Plaintiff’s work and reported that Plaintiff had wrongfully disclosed his confidential medical records to a third party. This resulted in Plaintiff’s termination by her employer. That same day, Plaintiff sought a Domestic Violence Protective Order (DVPO). At the hearing, there was ample evidence of the assaults and damage done to Plaintiff by the Defendant.

The trial court also took into consideration the time between the assaults and Plaintiff’s filing for the DVPO as well as the timing of the filing with her termination. In the trial court’s denial of a DVPO, it specifically noted that the court did not believe that Plaintiff would have sought a DVPO if she had not been terminated, essentially saying that the filing was in retaliation to Defendant’s whistleblowing. Plaintiff appealed. Continue reading →

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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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by Judi Rossabi

You may have heard of the popular swing dances that occur almost nightly somewhere in North Carolina. From beginner lessons to complex dances, there are many offerings to help you learn something new or perfect your swing dance steps.

What you may not know is that swing dance originated in Harlem in the 1920s. This February, in honor of Black History Month, we remember the great men and women that created this original and exciting form of dance. The Savoy Ballroom in Harlem featured some of the best jazz musicians of all time, and their music inspired the moves that became Swing Dance and encompassed the Lindy Hop, the East Coast Swing, and more. Continue reading →

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Ne-Yo and Crystal Renay are officially divorced.  The couple married in 2016.  Renay initially filed for divorce from the singer-songwriter in August after accusing him of cheating.  The divorce was finalized on January 26, 2023.   

 

Renay filed for divorce in Fulton County, Georgia.  In the filing, Renay asked for primary physical custody of the parties’ children.  Ne-Yo and Renay share three children: Isabella, Shaffer Chimere Jr., and Roman Alexander-Raj.  According to court documents obtain by Billboard, the Fulton County judge presiding over the matter ordered Ne-Yo to pay Renay $12,000 per month in child support.   

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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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BASSIRI V. PILLING, 2023-NCCOA-___. 

Facts: Plaintiff and his wife were married and residents of North Carolina. In 2019 through 2020, Defendant and Wife began a romantic relationship while Wife was still married to Plaintiff. Plaintiff filed for Alienation of Affections. Discovery was served on Defendant, and Defendant served responses wherein he stated that he and Wife engaged in intimate activities in California, Nevada, and Utah, but never North Carolina—and that Defendant had never set foot in North Carolina. Defendant filed motions to dismiss based on lack of subject matter jurisdiction. The trial court granted the motion and ordered that the lawsuit be dismissed because the evidence shows no conduct in North Carolina. Plaintiff appealed.  Continue reading →

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ADJEI V. MAYORKAS, _____F.4d _____ (4th Cir. 2023). 

Facts: Plaintiff and Defendant were before the Fourth Circuit on a citizenship and naturalization issue. Plaintiff and Boateng were a married couple, and Plaintiff sought to become a naturalized citizen of the US. Before Boateng was married to Plaintiff, she was married to Gyasi in Ghana. Boateng and Gyasi obtained a Ghanaian divorce through a ceremonial divorce, wherein neither party was domiciled or residing in Ghana. Ghanaian law allows the head of households to perform to ceremonial divorce. A Ghanaian court subsequently certified the divorce. Later, Plaintiff and Boateng married, and Plaintiff became a permanent resident. Plaintiff then applied for citizenship and was denied because immigration believed that Virginia would not recognize the Ghanaian divorce.  Continue reading →

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February is known as National Weddings Month.  So, without further ado, here are a few celebrity couples that have recently said “I do.”   

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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 →