North Carolina Lawyers Weekly
Where the respondent-father waited until his closing argument at the adjudicatory stage of the hearing to terminate his parental rights before making the argument that the trial court should have appointed him a guardian ad litem earlier than it did, ...
Read More »Domestic Relations – Parent & Child – Appeals – GAL Appointment – Termination of Parental Rights – Neglect – Limited Progress
Domestic Relations – Parent & Child – Termination of Parental Rights – Dependency – Domestic Violence 
Even though the respondent-mother was not ordered to stay away from her children’s father, since (1) the parents’ relationship is marred by domestic violence, (2) some incidents of domestic violence have taken place in the presence of their elder son, ...
Read More »Domestic Relations – Parent & Child – Termination of Parental Rights – Abandonment – Willfulness – Father’s Disability
The respondent-father presented evidence that his disability – he has been diagnosed with major depressive disorder with psychotic features, anxiety disorder, and panic disorder with agoraphobia – prevented him from leaving his parents’ home in New York and that his ...
Read More »Domestic Relations – Parent & Child – Termination of Parental Rights – Guardian ad Litem – Repetition of Neglect
Even though the petition alleging that respondents’ children were neglected and dependent contained allegations regarding the respondent-mother’s “severe untreated mental health concerns,” and even though the trial court learned early on that the mother had been diagnosed with paranoid schizophrenia ...
Read More »Domestic Relations – Parent & Child – Neglect & Dependency – Grandmother’s Intervention – Caretaker – Permanency Planning Order
Even though a maternal grandmother is not one of the persons whom G.S. § 7B-401.1(h) allows to intervene in a neglect and dependency case, since the grandmother in this case is also the child’s caretaker, the trial court may order ...
Read More »Domestic Relations – Parent & Child – Constitutional – Right to Parent – Abrogation – Delayed Determination
Where (1) the respondent-father knew he was likely the father of the respondent-mother’s baby when the mother left Ohio for North Carolina, yet he had no involvement in the first six years of his daughter A.A.J.’s life; (2) he initially ...
Read More »Domestic Relations – Alimony & Child Support – Husband’s Income & Expenses – Health Insurance Premiums
Since the trial court considered the plaintiff-wife’s expected health insurance premium as part of her reasonable expenses, the trial court should also have considered the defendant-husband’s health insurance premium – though not the premium that includes coverage for the wife. ...
Read More »Domestic Relations – Parent & Child – Custody – Jurisdiction – Virginia Mother – Tennessee Guardians
Where the respondent-mother had moved to Virginia by 2009, and where her daughter, “Jane,” and her guardians moved to Tennessee in 2013 or 2014, North Carolina no longer had subject matter jurisdiction over Jane’s custody when, in 2017, her guardians ...
Read More »Domestic Relations – Separation Agreement & Property Settlement – Reconciliation – Virginia Contract – North Carolina Public Policy – Severability Provision
Where the parties’ 1991 Virginia separation agreement/property settlement had both a reconciliation clause – which said the property settlement would survive a reconciliation – and a severability clause, it will not violate North Carolina public policy to enforce the property ...
Read More »Domestic Relations – Parent & Child – Support Arrearage – Civil Contempt – Ability to Pay – Expenses
We affirm our Court of Appeals’ holding (Where the evidence showed that the defendant-father had limited, irregular income, was unable to work, and had assets which – even if he sold his car – would have allowed him to pay ...
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