North Carolina Lawyers Weekly

The incarcerated respondent-father suggested his cousin – who runs a home child care center – as a relative placement for his son, “Edward.” Not only does the cousin have a history of assault charges and “many driving infractions” that make ...

Tagged with: Domestic Relations

The respondent-Mother’s two older children had only been placed with their godparents for three months – rather than the statutorily required six months – when the trial court converted this neglect case into a civil custody case. At that point, ...

Tagged with: Domestic Relations

Although the respondent-mother was not present at the hearing on the petition to terminate her parental rights, she had previously instructed her counsel to oppose the petition, and counsel did so at the hearing. Respondent does not point to anything ...

Tagged with: Domestic Relations

Even though “Zeke’s” foster father did not testify at the permanency planning hearing, his foster mother did testify that she was willing and able to serve as Zeke’s guardian. An affidavit indicated that both foster parents understood the legal significance ...

Tagged with: Domestic Relations

Where respondent’s parental rights were terminated based on dependency, neglect and willfully leaving her children in foster care for more than 12 months without making reasonable progress to correct the conditions that led to their removal, but where respondent appeals ...

Tagged with: Domestic Relations

DSS contends that several of the trial court’s evidentiary findings of fact—that the respondent-Mother and -Father have a history with child protective services prior to “Kelly’s” birth, with three older children having been removed from their care; that following Kelly’s ...

Tagged with: Domestic Relations

Though the respondent-mother was successful in securing housing and employment and was participating in mental health services, she failed to complete a required psychological evaluation, frequently missed visits with “Nicole” – including on one occasion due to not being a ...

Tagged with: Domestic Relations

The violence that resulted in respondent being found not guilty by reason of insanity occurred in 2010; however, respondent was using synthetic marijuana at the time of the assault, and he has been caught smuggling synthetic marijuana into the hospital. ...

Tagged with: Civil Practice

The record of this lengthy family law proceeding has abundant evidence that the defendant-father has not acted in good faith, including his history of dishonesty and violence, a finding of civil contempt for violating the terms of the custody order, ...

Tagged with: Domestic Relations

Because the original custody order lacked any findings of fact, if the trial court decided to modify custody, the court was first required to – but did not – make findings as to the baseline of circumstances at the time ...

Tagged with: Domestic Relations