North Carolina Lawyers Weekly

Since the parties’ child, “Elizabeth,” has reached the age to attend pre-kindergarten, this circumstance and others support the trial court’s finding of a change of circumstances affecting Elizabeth’s welfare. Over the course of the months leading up to the time ...

Tagged with: Domestic Relations

The trial court found that the respondent-Mother was unfit or had acted inconsistently with her constitutional right to parent, yet the court concluded that Mother was unfit and had acted inconsistently with her constitutional right to parent. Nevertheless, the record ...

Tagged with: Domestic Relations

Where the respondent-mother refuses to end her relationship with four-year-old “Grace’s” father despite respondent’s own admission that he “would have killed” Grace if she had been present during incidents of domestic violence, the trial court could conclude that neglect would ...

Tagged with: Domestic Relations

The respondent-father was incarcerated pursuant to a multi-year sentence, “Noe’s” mother was missing, Noe had serious mental health issues, and respondent’s suggested caregiver – Noe’s paternal grandmother – refused to adhere to Noe’s treatment regimen. Accordingly, the trial court did ...

Tagged with: Domestic Relations

When the plaintiff-husband – a dual U.S. and Australian citizen – convinced the defendant-wife – a dual citizen of Australia and New Zealand – to move to the U.S. from Australia, he signed a United States Citizenship and Immigration Services ...

Tagged with: Domestic Relations

On a prior appeal, this court remanded with instructions to the trial court to limit its award of attorneys’ fees against the paternal Grandparent-intervenors so that the grandparents were not held liable for any attorneys’ fees attributable to issues litigated ...

Tagged with: Domestic Relations

A loving couple lived happily together until dementia issues made it unsafe for them to stay together. Although there are other avenues for the plaintiff-wife’s guardian to secure plaintiff’s share of marital assets, the guardian may not institute an equitable ...

Tagged with: Domestic Relations

The defendant-Mother sought a custody modification based on her accusation that the plaintiff-Father had abused their children. Father sought admission of Child Protective Services records under N.C. R. Evid. 902(4) “Certified Copies of Public Records.” Where the trial court excluded ...

Tagged with: Domestic Relations

Because the plaintiff-Mother’s allegations of sexual abuse were not substantiated, the records of the investigation were not automatically sealed under N.C. R. App. 42. Nevertheless, the public dissemination of sensitive information in the investigatory and medical records of the minor ...

Tagged with: Domestic Relations

When deciding whether newborn “Oscar” was neglected, the trial court could take into account the respondent-parents’ actions that resulted in the neglect adjudication of Oscar’s older sibling. In any event, the record shows respondents’ inability to properly care for Oscar ...

Tagged with: Domestic Relations