http://nclawyersweekly.com Fri, 17 May 2013 21:09:12 +0000 en hourly 1 http://wordpress.org/?v=3.3.1 http://nclawyersweekly.com/2013/05/15/domestic-relations-parent-child-custody-civil-practice-findings-of-fact-testimony-recitation/ http://nclawyersweekly.com/2013/05/15/domestic-relations-parent-child-custody-civil-practice-findings-of-fact-testimony-recitation/#comments Wed, 15 May 2013 16:00:05 +0000 ericahampton http://nclawyersweekly.com/?p=73096 Odugba v. Odugba Where, in many of its findings of fact, the trial court merely recites conflicting witness testimony on key issues without making its own determination, the trial court’s findings of fact do not support its award of sole legal and physical custody to the plaintiff-mother.]]> http://nclawyersweekly.com/2013/05/15/domestic-relations-parent-child-custody-civil-practice-findings-of-fact-testimony-recitation/feed/ 0 http://nclawyersweekly.com/2013/05/15/domestic-relations-parent-child-custody-support-modifications-insufficient-findings-childs-welfare/ http://nclawyersweekly.com/2013/05/15/domestic-relations-parent-child-custody-support-modifications-insufficient-findings-childs-welfare/#comments Wed, 15 May 2013 15:12:29 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=73078 Bledsoe v. Bledsoe Disregarding those findings of fact which merely recite evidence, the trial court’s remaining findings (that the plaintiff-father attempted to enforce the terms of a 2009 custody order, that the father takes his son to his after-school practices, that the son is old enough to pursue appropriate activities of his own choosing, and that the father’s motives for enforcing his visitation rights are suspect) do not support a conclusion that a substantial change of circumstances affecting the minor child has occurred. ]]> http://nclawyersweekly.com/2013/05/15/domestic-relations-parent-child-custody-support-modifications-insufficient-findings-childs-welfare/feed/ 0 http://nclawyersweekly.com/2013/05/08/domestic-relations-parent-child-termination-of-parental-rights-stipulation-abandonment/ http://nclawyersweekly.com/2013/05/08/domestic-relations-parent-child-termination-of-parental-rights-stipulation-abandonment/#comments Wed, 08 May 2013 12:49:03 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=72882 In re A.K.D. The parties’ attempted stipulation to a conclusion of law – that the respondent-father had willfully abandoned the children for six months within the meaning of G.S. § 7B-1111(a)(7) – was ineffective, especially since the father never stipulated that his failure to see the children was willful. ]]> http://nclawyersweekly.com/2013/05/08/domestic-relations-parent-child-termination-of-parental-rights-stipulation-abandonment/feed/ 0 http://nclawyersweekly.com/2013/05/07/domestic-relations-parent-child-custody-temporary-permanent-orders-insufficient-findings-visitation/ http://nclawyersweekly.com/2013/05/07/domestic-relations-parent-child-custody-temporary-permanent-orders-insufficient-findings-visitation/#comments Tue, 07 May 2013 18:49:22 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=72870 Woodring v. Woodring Where a June 14, 2010 custody order did not address the plaintiff-father’s ongoing visitation and did not explicitly address legal custody, it did not determine all the issues between the parties; ]]> http://nclawyersweekly.com/2013/05/07/domestic-relations-parent-child-custody-temporary-permanent-orders-insufficient-findings-visitation/feed/ 0 http://nclawyersweekly.com/2013/04/23/domestic-relations-equitable-distribution-classification-inherited-funds-separate-bank-accounts/ http://nclawyersweekly.com/2013/04/23/domestic-relations-equitable-distribution-classification-inherited-funds-separate-bank-accounts/#comments Tue, 23 Apr 2013 12:49:48 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=72490 Congdon v. Congdon Where the plaintiff-wife presented evidence that she inherited the funds in two bank accounts from her grandfather and always maintained the funds in accounts held solely in her name, the wife’s evidence supported the trial court’s classification of the funds as the wife’s separate property]]> http://nclawyersweekly.com/2013/04/23/domestic-relations-equitable-distribution-classification-inherited-funds-separate-bank-accounts/feed/ 0 http://nclawyersweekly.com/2013/04/16/domestic-relations-dvpo-evidence-hearsay-medical-diagnosis-criminal-conviction-no-final-judgment/ http://nclawyersweekly.com/2013/04/16/domestic-relations-dvpo-evidence-hearsay-medical-diagnosis-criminal-conviction-no-final-judgment/#comments Tue, 16 Apr 2013 13:50:34 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=72291 Little v. Little There was no indication that plaintiff’s doctor was unavailable to testify, plaintiff’s cervical strain diagnosis does not fall within any of the hearsay exceptions in N.C. R. Evid. ]]> http://nclawyersweekly.com/2013/04/16/domestic-relations-dvpo-evidence-hearsay-medical-diagnosis-criminal-conviction-no-final-judgment/feed/ 0 http://nclawyersweekly.com/2013/04/03/domestic-relations-separation-agreement-unincorporated-breach-of-contract-specific-performance-clause-first-impression-ability-to-perform/ http://nclawyersweekly.com/2013/04/03/domestic-relations-separation-agreement-unincorporated-breach-of-contract-specific-performance-clause-first-impression-ability-to-perform/#comments Wed, 03 Apr 2013 17:05:11 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=71877 Reeder v. Carter Even though the parties’ separation agreement says they are entitled to enforce it by specific performance, parties may not contract around an established legal standard. The specific performance clause in the separation agreement does not negate plaintiff’s burden of proving the equitable requirements for specific performance]]> http://nclawyersweekly.com/2013/04/03/domestic-relations-separation-agreement-unincorporated-breach-of-contract-specific-performance-clause-first-impression-ability-to-perform/feed/ 0 http://nclawyersweekly.com/2013/04/03/domestic-relations-parent-child-termination-of-parental-rights-out-of-home-placement-court-order-civil-custody-order/ http://nclawyersweekly.com/2013/04/03/domestic-relations-parent-child-termination-of-parental-rights-out-of-home-placement-court-order-civil-custody-order/#comments Wed, 03 Apr 2013 16:57:08 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=71872 In re L.C.R. Even though the trial court converted a neglect case into a child custody case when it awarded custody to the petitioner-grandparents, the custody order was still a “court order” within the meaning of In re A.C.F., 176 N.C. App. 520, 626 S.E.2d 729 (2006). Considering the order in the neglect case – giving DSS custody of the children – and the order in the custody case – giving the grandparents custody of the children, the children were in an out-of-home placement for well over 12 months prior to the filing of the termination petition]]> http://nclawyersweekly.com/2013/04/03/domestic-relations-parent-child-termination-of-parental-rights-out-of-home-placement-court-order-civil-custody-order/feed/ 0 http://nclawyersweekly.com/2013/03/26/domestic-relations-civil-practice-failure-to-prosecute-equitable-distribution/ http://nclawyersweekly.com/2013/03/26/domestic-relations-civil-practice-failure-to-prosecute-equitable-distribution/#comments Tue, 26 Mar 2013 20:47:12 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=71642 Williard v. Williard Even though plaintiff contends that, every time she wanted to pursue her equitable distribution or child support claims, defendant would threaten to seek custody of their children, this did not excuse plaintiff’s delay in pursuing equitable distribution for nearly eight years after the case was administratively closed. ]]> http://nclawyersweekly.com/2013/03/26/domestic-relations-civil-practice-failure-to-prosecute-equitable-distribution/feed/ 0 http://nclawyersweekly.com/2013/03/15/domestic-relations-civil-practice-contempt-parent-child-visitation-ex-convict-brother-attorneys-fees/ http://nclawyersweekly.com/2013/03/15/domestic-relations-civil-practice-contempt-parent-child-visitation-ex-convict-brother-attorneys-fees/#comments Fri, 15 Mar 2013 20:28:46 +0000 North Carolina Lawyers Weekly Staff http://nclawyersweekly.com/?p=71336 Baines v. Baines Plaintiff’s brother came to live with him; the brother had a history of drug abuse and a criminal history from crimes committed in support of his drug addiction, he was on probation at the time he went to live with plaintiff, and he was arrested for a probation violation but was released to reside with plaintiff. Nevertheless, the defendant-mother willfully violated the consent visitation order when she refused to allow visitation and unilaterally imposed extra conditions on plaintiff’s exercise of his visitation rights.]]> http://nclawyersweekly.com/2013/03/15/domestic-relations-civil-practice-contempt-parent-child-visitation-ex-convict-brother-attorneys-fees/feed/ 0