Domestic Relations – Neglect – Adjudication Order
Competent evidence, including the mother’s ongoing mental health issues, substance use, and exposure of the children to domestic violence and erratic behavior, supported the conclusion that the children faced a […]
Domestic Relations – Willful Abandonment – Domestic Violence Protective Order
Clear, unchallenged findings showed the father willfully abandoned his child by making no effort to maintain contact or support during the relevant six-month period despite having the ability to do […]
Domestic Relations – Termination of Mother’s Parental Rights – Second-Degree Murder of Father
The trial court properly applied the statutory best-interest framework and did not misapprehend the law in determining that termination was necessary to achieve permanency for the child. We affirmed an […]
Domestic Relations – Termination of Parental Rights Petition – Appellate Review in Juvenile Cases
The appeal was procedurally improper because termination of parental rights (TPR) petitions had been filed within the statutory period, thereby foreclosing immediate appellate review. We dismissed a mother’s appeal from […]
Domestic Relations – Termination of Parental Rights – Alternative Child Care Arrangement
The trial court’s findings were insufficient to support termination under several statutory grounds and failed to adequately address required elements of dependency. We vacated the termination order and remanded, instructing […]
Domestic Relations – Abused and Neglected – Unexplained Injuries
The trial court’s unchallenged findings were supported by clear and convincing evidence. We affirmed the trial court’s orders concluding that one infant child was abused and neglected and that her […]
Domestic Relations – North Carolina Domestic Violence Act – Domestic Violence Protective Order
The statutory one-year limit applies to the order issued after notice and hearing and does not include time served under a prior ex parte order. We affirmed the trial court’s […]
Domestic Relations – Child Support Award – Calculation of Income
The trial court erred in calculating Father’s income, by including certain work-related child care expenses that were not supported by competent evidence in the child support calculation, and by failing […]
Domestic Relations – Fifth Amendment Right Against Self-Incrimination – Adjudication of Abuse and Neglect
The trial court did not err by allowing Mother to invoke her Fifth Amendment right against self-incrimination. The unchallenged findings of fact support the trial court’s conclusion of law that […]
Domestic Relations – Pataky Analysis – Unincorporated Separation Agreement
The court must recalculate the child support order to correct the double-counting of uninsured medical expenses and to clarify the allocation of therapy costs. The trial court’s order is affirmed […]
Domestic Relations – Intervenor’s Standing – Significant Change in Circumstances
Intervenor has standing to seek custody of K.B. under N.C.G.S. § 50-13.5(j). We affirmed the order in part, vacated the order in part, dismissed the appeal in part, and remanded […]
Domestic Relations – Motion to Modify Custody – Motion for Directed Verdict Treated as One for Involuntary Dismissal
Procedural and prejudicial errors occurred in the failure of the trial court to make sufficient and specific findings of fact to support its conclusions of law We vacated the Order […]
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