North Carolina Lawyers Weekly

Plaintiff’s decedent filed a divorce action and then learned that the officiant at his wedding had been unqualified. The filing of the divorce action did not estop the decedent – judicially or equitably – from filing this subsequent action for ...

Tagged with: Domestic Relations

Where the respondent-father had not had contact with “David” since 2012, shared no parental bond with David, had made only sporadic child support payments since 2010 with multiple years of non-payment, and was $60,456 in arrears, the trial court could ...

Tagged with: Domestic Relations

Despite diagnoses of post-traumatic stress disorder, amphetamine use disorder, opioid use disorder and cannabis use disorder, the respondent-mother failed to participate in a parenting/psychological assessment, a substance abuse program or mental health services. In the ten months after entering her ...

Tagged with: Domestic Relations

Before terminating the respondent-mother’s parental rights, the trial court denied respondent’s motion to continue. In its order denying the motion to continue, the trial court found this was the second time respondent had requested a continuance for reported illness without ...

Tagged with: Domestic Relations

Even though the respondent-mother made progress on her case plan – including going to parenting classes, completing domestic violence education, and participating in therapy – since she also continued to allow her abuser to remain in her life and to ...

Tagged with: Domestic Relations

Even though the trial court concluded that there was “no compelling basis or reason for the Court to go against the recommendations of the PCDSS and the GAL,” the trial court did not impose an evidentiary burden on the respondent-father. ...

Tagged with: Domestic Relations

After baby “Piper” was born testing positive for amphetamines and methamphetamines, and after DSS was unable to maintain contact with the respondent-mother, the trial court concluded that it was in Piper’s best interests for her guardianship to be placed with ...

Tagged with: Domestic Relations

The respondent-father’s parental rights were terminated based, in part, on his willful failure to contribute anything to the cost of his child’s care. Respondent argues that termination on this ground violates due process because he was not informed by petitioner ...

Tagged with: Domestic Relations

By the time the trial court entered its permanency planning order, the Texas interstate compact placement of children study had expired for “Terry’s” paternal grandparents. However, G.S. § 7B-903(a1) requires that, before placing a child outside the home at the ...

Tagged with: Domestic Relations

The trial court’s challenged findings – that the respondent-father took no steps to foster a loving relationship with his daughter, “Jasmine,” and that there was no bond between Jasmine and respondent – were supported by the testimony of a DSS ...

Tagged with: Domestic Relations