North Carolina Lawyers Weekly
Although attorneys’ fees are recoverable in both alimony and child custody cases, the trial court here awarded the plaintiff-Wife a lump sum of $85,969.88 as attorneys’ fees “for her claims for child custody and alimony…” The trial court did not ...
Read More »Domestic Relations — Attorneys’ Fee Award – Insufficient Findings – Alimony & Child Support Claims
Domestic Relations — Parent & Child – Neglect Adjudication – Brother’s Death 
While the language of G.S. § 7B-101(15) does not command an adjudication of neglect if another child in the home was found to have died from suspected abuse or neglect, the trial court has some discretion in allocating the weight ...
Read More »Domestic Relations — Parent & Child – Guardianship – Standard of Proof – Health & Safety
G.S. § 7B-903(a2) says, “An order under this section placing or continuing the placement of the juvenile in out-of-home care shall contain a finding that the juvenile’s continuation in or return to the juvenile’s own home would be contrary to ...
Read More »Domestic Relations — Equitable Distribution – Classification & Valuation – Insufficient Findings – Jewelry Gift – Interim Payments – Husband’s Vehicle
During the parties’ wedding ceremony, the defendant-Husband placed around the plaintiff-Wife’s neck a mangalsutra necklace as a gift from Husband’s family. Wife testified that she received all the jewelry at issue, including the mangalsutra necklace, before the marriage. There is ...
Read More »Domestic Relations — Parent & Child – Guardianship – Constitutional – Standard of Proof
The trial court ruled that the respondent-mother had forfeited her constitutionally protected parental status; however, the trial court failed to state that it applied the clear and convincing evidence standard to its finding that respondent had acted inconsistently with her ...
Read More »Domestic Relations — Parent & Child – Permanency Planning Order – Guardianship – Constitutional – Inconsistent Acts
Even though the respondent-Mother made significant progress on her case plan, since she left her children in the care of their paternal grandmother for years without indicating that the arrangement was temporary, Mother acted inconsistently with her constitutionally protected status ...
Read More »Domestic Relations — Equitable Distribution – Unequal Division – Insufficient Findings
Even though the trial court found that an unequal distribution was equitable and explained why its 70/30 unequal distribution was equitable, the trial court’s order does not contain the necessary finding that a 50/50 equal division was not equitable or ...
Read More »Domestic Relations — Parent & Child – Jurisdiction – Juvenile & Civil Proceedings – Termination & Transfer Order
The trial court’s Order Terminating Juvenile Court Jurisdiction did not “make findings and conclusions that support entry of a custody order in an action under Chapter 50” and made no determination whether “at least six months have passed since the ...
Read More »Domestic Relations — Parent & Child – Permanency Planning Order – Reunification & Visitation Cessation
Though the trial court did not expressly state that visitation was contrary to “Edward” and “Lori’s” best interests, the trial court made sufficient findings to support its decision to deny the respondent-mother visitation. In addition to general findings regarding respondent’s ...
Read More »Domestic Relations — Parent & Child – Late to Court – Constitutional – Pro Se Litigant
On appeal, the respondent-mother argues that the trial court violated her procedural due process rights when it failed to delay proceedings after a social worker relayed to the trial court respondent’s message that she would be late because she was ...
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