North Carolina Lawyers Weekly

While the respondent-mother’s children were in nonsecure DSS custody for 21 months, the mother missed several visitations, complained of having to “put on a show” for DSS, displayed a lack of skill when dealing with her toddler, continued to test ...

Tagged with: Parent and Child

Although plaintiff’s complaint did not explicitly set out a claim to rescind the parties’ separation agreement, since she alleged that she had signed the agreement under duress while taking medication that affected her mental capacity and that defendant omitted a ...

Tagged with: Civil Practice

The trial court’s vague findings about respondent’s “disturbing” behavior are insufficient to support its ultimate finding that respondent has failed to make progress while leaving her child in petitioners’ custody. We reverse the trial court’s termination of respondent’s parental rights. ...

Tagged with: Parent and Child

There is no case law directly addressing whether a court may view a pleading as a whole, and there is no statute or case law requiring that multiple claims be pled separately. Reading defendant’s counterclaims as a whole, she has ...

Tagged with: Civil Practice

Although the plaintiff-wife moved in with her mother after the parties’ separation, the trial court could find that “she cannot be expected to live with her mother permanently,” and its alimony award could take into account plaintiff’s reasonable housing expenses. ...

Tagged with: Alimony

Holding: Before the trial court could grant visitation rights to the plaintiff-grandmother, G.S. § 50-13.2A required the court to make findings that such visitation was in the best interest of the grandchild. The trial court’s findings of a former close ...

Tagged with: Grandparent Visitation

Holding: Even though plaintiff first raised her equitable distribution claim in her complaint for divorce from bed and board – filed before the parties separated – since she raised it again in a verified motion after the parties were separated, ...

Tagged with: equitable distribution

Holding: Even though there was evidence to the contrary, plaintiff’s testimony that defendant punched her in the stomach was competent evidence to support the trial court’s finding that defendant punched plaintiff in the stomach. We affirm the domestic violence protective ...

Tagged with: DVPO

Holding: Given sparse evidence supporting the plaintiff-father’s assertion that he earned $1,500 a month, as well as evidence that he maintained multiple accounts and moved money around in order to avoid his creditors, the trial court should have made more ...

Tagged with: parent & child

Holding: Where plaintiff and her late husband entered into a post-marriage agreement pursuant to which they agreed to keep their property – including the husband’s Ashe County property – separate, plaintiff’s claim for the $397,872 that she contributed to building ...

Tagged with: Trusts and Estates