Although the child victim, “Zoe,” may not have used the specific terms “sexual assault” or “sexual abuse,” her descriptions of her interactions with the respondent-father (Father) support the trial court’s use of these terms. We affirm and reverse and ...
Read More »Domestic Relations – Parent & Child – Abuse & Neglect – Visitation
Domestic Relations – Parent & Child – Custody – Relocation – Ramirez-Barker Findings 
Faced with evidence of the plaintiff-mother’s dysfunctional relationship with her parents, the trial court should have made, but did not make, findings as to more of the factors set out in Ramirez-Barker v. Barker, 107 N.C. App. 71, 418 ...
Read More »Domestic Relations – Parent & Child – Termination of Parental Rights – Neglect – Likelihood of Repetition 
The respondent-mother’s children were removed from her care because of substance abuse, mental health, and domestic violence issues, none of which she resolved. Indeed, the mother was unemployed, relied on her mother to meet her expenses, lived in a storage ...
Read More »Domestic Relations – Parent & Child – Termination of Parental Rights – No-Merit Brief 
After many positive drug tests and no progress on her case plan, respondent’s parental rights were terminated. Respondent’s counsel has filed a no-merit brief pursuant to N.C. R. App. P. 3.1(e). Counsel advised respondent of her right to file a ...
Read More »Domestic Relations – Parent & Child – Termination of Parental Rights – Willfulness – Insufficient Findings 
On a prior appeal, we remanded for the trial court to make findings regarding the willfulness of the respondent-mother’s failure to interact with the minor child, given domestic violence protective orders prohibiting respondent from contacting the minor child’s father, a ...
Read More »Domestic Relations – Parent & Child – Custody – Relocation – Ramirez-Barker Findings 
Faced with evidence of the plaintiff-mother’s dysfunctional relationship with her parents, the trial court should have made, but did not make, findings as to more of the factors set out in Ramirez-Barker v. Barker, 107 N.C. App. 71, 418 S.E.2d ...
Read More »Domestic Relations – Parent & Child – Civil Practice – Appeals – Mootness 
While respondent’s appeal of the trial court’s permanency planning order was pending, respondent’s daughter reached the age of 18, rendering this appeal moot. Even though the order includes a finding of fact that respondent failed to address his ongoing ...
Read More »Domestic Relations – Parent & Child – ICWA – Notice to Tribes 
The trial court noted that the respondent-mother had indicated she “is of Cherokee ancestry, but did not know a specific tribe,” and the record shows that DSS sent notice to the Cherokee Nation and Eastern Band of Cherokee Indians. However, ...
Read More »Domestic Relations – Parent & Child – Termination of Parental Rights – Cost of Care 
One of the bases for terminating the respondent-mother’s parental rights was that, though she had the ability to pay some support for her five children, she paid nothing toward their support. At the beginning of the six-month period before ...
Read More »Domestic Relations – Parent & Child – Termination of Parental Rights – Harm to Child – Refusal to Admit 
When the respondent-mother brought 11-month-old “David” to the hospital with a broken leg, doctors found numerous other broken bones in various stages of healing. The evidence showed that respondent and her then-fiancé were David’s only caregivers in the time ...
Read More »