North Carolina Lawyers Weekly

Although the trial court’s alimony order indicates that the parties presented no evidence as to their marital standard of living, the plaintiff-wife presented evidence that she could no longer afford to engage in several former activities. This evidence suggests that ...

Even though the trial court granted guardianship to a non-parent without finding that the respondent-father was unfit or had acted inconsistently with his constitutional right to parent, since respondent was afforded an opportunity to raise his constitutional argument at trial ...

Both of “Sandra’s” parents have mental health issues. The respondent-father’s desire to protect the respondent-mother places their three daughters at risk of harm from the mother (e.g., when the father left the girls in their mother’s care, contrary to a ...

Even though the trial court was understandably concerned about once again uprooting young “Bart” after six placement changes in the first three years of his life, G.S. § 7B-903(a1) required the trial court to find, affirmatively, that permanent placement with ...

Where Judge Christy Wilhelm presided over the permanency planning hearing, but where Judge Brent Cloninger signed the permanency planning order, under In re C.M.C., 373 N.C. 24, 832 S.E.2d 681 (2019), we must vacate the permanency planning order and remand ...

Although the respondent-father challenges placement of his children in their mother’s care, the record shows that the mother has resources to provide for the children; while in her care, the children were well cared for and received appropriate schooling and ...

Even though the respondent-father’s incarceration and a domestic violence protective order prohibited visitation with his daughter, “Isabel,” respondent had legal counsel, who initiated an action for custody, and through whom respondent could have inquired about Isabel’s well-being, requested an opportunity ...

Even if the respondent-mother did not receive a copy of her 27 February 2018 case plan until 1 May 2018, the termination hearing occurred more than a year after she received a copy of the plan, giving her ample time ...

Although the respondent-father claimed that he broke off all contact with his children for five and a half years out of fear for their safety, since he could have contacted them without being physically present, but did not, the trial ...

After receiving no-merit briefs from the respondent-parents’ attorneys, receiving no pro se briefs from the parents, and conducting our own review of the record, we conclude that there was clear, cogent and convincing evidence to support the trial court’s conclusions ...