North Carolina Lawyers Weekly
Even though some of the respondent-mother’s progress on her case plan, such as stable housing and transportation, was owing to her new boyfriend, the case plan does not and cannot require that she alone be responsible for providing her ...
Read More »Domestic Relations – Parent & Child – Termination of Parental Rights – Insufficient Findings
Domestic Relations – Parent & Child – Civil Practice – Jurisdiction – North Carolina & Tennessee Courts 
After the respondent-mother moved to Virginia and “Jane’s” custodians moved with her to Tennessee, a Tennessee court assumed jurisdiction over this case, which arose as a neglect case under G.S. Chapter 7B. The North Carolina trial court erred when it ...
Read More »Domestic Relations – UDPCVA – First Impression – Deployed Father – ‘Limited Contact’ – Stepmother
In the court’s first construction of the Uniform Deployed Parents Custody and Visitation Act (UDPCVA), the court determines that the trial court should have added the plaintiff-father’s wife (Stepmother) as a party; moreover, the trial court should grant Stepmother “limited ...
Read More »Domestic Relations – DVPO – Civil Practice – Notice Pleading – Insufficient Evidence
In a domestic violence case, a trial court does not err by admitting evidence in support of unpleaded domestic violence allegations, so long as the allegations in the complaint provide sufficient notice of the nature and basis of any unpleaded ...
Read More »Adoption – Subject Matter Jurisdiction – ICWA – Tribal Court Order
Even though the Cheyenne River Sioux Tribal Court in South Dakota originally exercised jurisdiction over two Cheyenne children and placed them in the custody of their appellant-aunt, since (1) the aunt sought and obtained guardians for the children from the ...
Read More »Domestic Relations – DVPO Violation – Text Messages – Child Custody – Evidence – Emotional Distress – Acts of Domestic Violence
Where (1) the defendant-father was subject to a court order to have no contact with the plaintiff-mother as a result of his prolonged egregious behavior and (2) defendant had no custody of the parties’ children, defendant’s text messages to ...
Read More »Domestic Relations – Separation Agreement – Notarization – Presumption of Regularity – Civil Practice – Summary Judgment Order – Bench Trial
Where the plaintiff-wife testified that she and the defendant-husband went to a bank, presented their drivers’ licenses and their separation agreement to a notary public, and signed the agreement after the notary had taken their licenses, the trial court ...
Read More »Domestic Relations – Parent & Child – Termination of Parental Rights – Best Interests – No-Merit Brief
After a hearing on a petition to terminate respondents’ parental rights, the trial court properly made findings under G.S. Chapter 7B, Article 11 rather than under G.S. § 7B-906.2, which pertains to permanent plans that must be established at permanency ...
Read More »Domestic Relations – Parent & Child – Termination of Parental Rights – Subject Matter Jurisdiction – UCCJEA – California Custody Order
Where (1) a California court issued an order determining custody of the parties’ child; (2) California has not determined that it no longer has exclusive, continuing jurisdiction; and (3) the respondent-mother resides in California, our trial court lacked subject matter ...
Read More »Domestic Relations – Parent & Child – Termination of Parental Rights – Attorneys – Ineffective Assistance Claim
Although the respondent-mother appeared at a non-secure custody hearing, she did not appear at any other hearing in the entire case. Her absence from the termination of parental rights hearing was not discussed on the record, and her counsel did ...
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