North Carolina Lawyers Weekly
After the minor child “Nancy’s” father died, Nancy’s paternal grandparents initiated a custody action against Nancy’s mother, and the grandparents were awarded custody. Even though the mother later died, that action did not abate. Rather than filing a new ...
Read More »Domestic Relations – Custody – Grandparents – Civil Practice – Abatement – Deceased Parents
Domestic Relations – Separation Agreement – Contract – Specific Performance – Alimony – Civil Practice – Entry of Default 
The parties’ separation agreement required the defendant-husband to pay an increased amount of alimony until the mortgage on the marital home was paid off; the trial court did not abuse its discretion by concluding that defendant was not relieved of ...
Read More »Domestic Relations – Parent & Child – Neglect Adjudication – Past Neglect of Other Children
When concluding that baby J.A.M. lived in an environment injurious to her welfare and adjudicating her neglected, the trial court considered not only the respondent-mother’s neglect and loss of custody of her six older children, but also respondent’s (1) continuing ...
Read More »Domestic Relations – Parent & Child – Visitation Resumption – Changed Circumstances – Child’s Welfare & Best Interest
The defendant-father’s visitation rights were terminated because of, inter alia, his drug use and anger issues. In unchallenged findings of fact, the trial court found that the father (1) had completed the DART program and taken educational classes; (2) ...
Read More »Domestic Relations – Parent & Child – Termination of Parental Rights – Abandonment – Willfulness – Failure to Pay Support – Insufficient Notice
Although the respondent-father had not seen his three-year-old daughter, “Ivey,” for two years, during the most recent year, a domestic violence protective order had prohibited him from harassing or interfering with the petitioner-mother, who had sole custody of Ivey. The ...
Read More »Domestic Relations – Equitable Distribution –Auto & Accrued Leave – Valuation – Bank Accounts – Deferred Income – Post-Separation Payments
Although the plaintiff-wife testified that deferred compensation was her separate property because she earned the money when the parties were “barely married,” since the defendant-husband presented documentation showing plaintiff signed the deferred compensation form six months after the parties ...
Read More »Domestic Relations – Parent & Child – Permanent Plan – Reunification Eliminated – Substance Abuse
In this second child neglect case involving “Nathan,” the respondent-father claimed he didn’t understand why his marijuana use was affecting reunification because he used marijuana throughout the previous foster care case; however, a social worker presented respondent’s multiple negative drug ...
Read More »Domestic Relations – Parent & Child – Termination of Parental Rights – Parent-Child Bond – Times of Petition & Hearing
The trial court did not specifically state that no bond existed between the respondent-father and his children at the time of the hearing on the petition to terminate his parental rights. However, the trial court did find that no bond ...
Read More »Domestic Relations – Parent & Child – Termination of Parental Rights – Other Children – Domestic Violence – Parental Bond
Even though the respondent-mother has two younger children who remain in her custody, this evidence did not preclude the trial court from determining that there would be a likelihood of repetition of neglect should “Ethan” be returned to respondent’s home, ...
Read More »Domestic Relations – Parent & Child – Support – Civil Practice – Contempt
Where the trial court had entered an order to show cause, it was the defendant-father’s burden to show why he should not be held in contempt for failing to pay child support. Nevertheless, since the mother has provided us with ...
Read More »