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Domestic Relations – Parent & Child — Support – Modification – Substantial Change of Circumstances (access required)

By North Carolina Lawyers Weekly Staff
Published: February 8,2012

Johnston County ex rel. Bugge v. Bugge. Although a defendant who requested child support modification was entitled to the presumption of a substantial change in circumstances, the presumption was rebutted by evidence that he intentionally left his job, thereby voluntarily depressing his income.


Domestic Relations – Parent & Child — Custody – Jurisdiction – Home State (access required)

By North Carolina Lawyers Weekly Staff
Published: February 8,2012

Jones v. Whimper North Carolina cannot exercise jurisdiction over plaintiff’s child custody matter since, at the time the child custody proceeding was instituted by plaintiff in New Jersey, New Jersey was the child’s home state for jurisdiction purposes of both the UCCJEA and the PKPA.


Domestic Relations – Parent & Child – Termination of Parental Rights – Civil Practice – Appeals – Trial Court Jurisdiction (access required)

By North Carolina Lawyers Weekly Staff
Published: January 31,2012

In re M.I.W. Even though the Department of Social Services filed its motion to terminate respondents’ parental rights while respondents’ appeal of a disposition order was pending, once the mandate resolving the appeal had been issued, the trial court correctly exercised its jurisdiction to hear and resolve the motion.


Domestic Relations – Parent & Child – Termination of Parental Rights Petition – Paternity – Legitimation – Amended Birth Certificates – Presumption – First Impression (access required)

By North Carolina Lawyers Weekly Staff
Published: January 19,2012

In re J.K.C. The respondent-father’s name on the children’s amended birth certificates creates a rebuttable presumption that he has legitimated them. Since the guardian ad litem failed to rebut that presumption, respondent’s parental rights were not subject to termination based on a failure to legitimate. We affirm the trial court’s dismissal of the petition to terminate respondent’s parental rights.


Domestic Relations – Parent & Child – Termination of Parental Rights – Incomplete Order (access required)

By North Carolina Lawyers Weekly Staff
Published: January 19,2012

In re A.R.P. We reversed and remanded a termination of parental rights order because it lacked findings regarding willfulness. On remand, the trial court made findings of willfulness but did not make a conclusion of law that respondent’s parental rights should be terminated, a conclusion that termination is in the best interest of the children, or a decree that respondent’s parental rights are terminated.


Domestic Relations – Civil Practice – Subject Matter Jurisdiction – Parent & Child – Termination of Parental Rights – New Jersey Custody Determination (access required)

By North Carolina Lawyers Weekly Staff
Published: January 19,2012

In re J.A.P. An initial custody determination was made in New Jersey, the father still lives in New Jersey, and nothing in the record indicates that a New Jersey court has determined that New Jersey “no longer has exclusive, continuing jurisdiction” or that “a court of this state would be a more convenient forum.” G.S. §§ 50A-201 and -203.Therefore, the trial court lacked subject matter jurisdiction over the mother’s petition to terminate the father’s parental rights.


Domestic Relations – Parent & Child – Custody – Modification – Changed Circumstances (access required)

By North Carolina Lawyers Weekly Staff
Published: December 28,2011

Weaver v. Thomas The trial court’s findings show that circumstances have changed since its original custody order in that the children have bonded with their new stepmother and the defendant-father has been more successful than the plaintiff-mother in dealing with their son’s anger issues. We affirm the trial court’s modification of custody, awarding primary physical custody to the father.


Domestic Relations – Parent & Child – Joint Custody – Primary Caregiver – Support (access required)

By North Carolina Lawyers Weekly Staff
Published: December 28,2011

Underwood v. Underwood Even though the trial court concluded that both parties were fit and proper persons to share joint legal custody of their child, the court’s findings that the plaintiff-mother had been the child’s primary caregiver support its award of primary physical custody to the mother. We affirm the custody order but reverse the support order.


Domestic Relations – Equitable Distribution – Valuation – Husband’s Business (access required)

By North Carolina Lawyers Weekly Staff
Published: December 27,2011

Swaney v. Swaney The valuation of the defendant-husband’s business could be based on the assumption that a covenant not to compete and an employment agreement would be included in a deal between a willing buyer and a willing seller. We affirm the trial court’s equitable distribution order, including its valuation of defendant’s business.


Domestic Relations – Equitable Distribution – Property Settlement – Reconciliation – Continued Effect (access required)

By North Carolina Lawyers Weekly Staff
Published: December 21,2011

Porter v. Porter Seventeen years before the parties’ divorce, they separated, entered into a separation agreement/property settlement, and then reconciled. According to its express terms, the property settlement remains in effect and bars the defendant-wife’s equitable distribution claim.



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