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Domestic Relations — Parent & Child – Custody – Permanent Order – Changed Circumstances
Hatcher v. Matthews (Lawyers Weekly No. 011-252-16, 9 pp.) (Mark Davis, J.) Appealed from Guilford County District Court (Michelle Fletcher, J.) N.C. App. Holding: Where the parties’ Virginia custody order (1) was not entered into without prejudice to either party, (2) did not state a reconvening time, and (3) determined all of the issues, the […]
Domestic Relations — Alimony Reduction – Changed Circumstances – Retirement
Hoover v. Hoover (Lawyers Weekly No. 011-224-16, 8 pp.) (Valerie Zachary, J.) Appealed from Iredell County District Court (Edward Hedrick IV, J.) N.C. App. Holding: The evidence before the trial court supported its finding that the defendant-husband had retired at age 72, leading to a significant reduction in his income. We affirm the trial court’s […]
Custody: Changed circumstances can include old facts not previously disclosed
In a custody modification motion, the trial court should have considered certain longstanding facts as potential changed circumstances since they weren’t disclosed when the original order was entered, the North Carolina Court of Appeals ruled on Oct. 20. When John Robinson agreed in 2007 to “reasonable visitation” and monthly support payments of $1,500 regarding a […]
Domestic Relations — Parent & Child – Custody – Modification Motion – Effect on Child
Welch v. Willey (Lawyers Weekly No. 15-16-0737, 4 pp.) (Chris Dillon, J.) Appealed from Pitt County District Court (P. Gwynett Hilburn, J.) N.C. App. Unpub. Holding: Because of the defendant-mother’s substance abuse problems, she was awarded only supervised visitation with the parties’ child. When the mother moved for a modification four years later, she was […]
Domestic Relations – Parent & Child – Custody Modification – Changed Circumstances – Starting School – Visitation Curtailed
Dickason v. Hayes Even if acrimony and conflict between the parties were not new when the plaintiff-father moved for a custody modification, the defendant-mother did not challenge the trial court’s finding that she failed to work with the father to adjust his visitation to accommodate their child’s school schedule.
Domestic Relations – Parent & Child – Custody – Modification – Changed Circumstances
Weaver v. Thomas The trial court’s findings show that circumstances have changed since its original custody order in that the children have bonded with their new stepmother and the defendant-father has been more successful than the plaintiff-mother in dealing with their son’s anger issues. We affirm the trial court’s modification of custody, awarding primary physical custody to t[...]
Domestic Relations – Parent & Child – Custody Modification – Changed Circumstances – Factors
Wolgin v. Wolgin The trial court clearly considered not only the parties’ disagreements regarding custody but also the effect on the parties’ children of the defendant-mother’s unilateral transfer of the children from their Durham County schools to schools in Wake County and her decision to put the children into extracurricular activities farther away from the plaintiff-father. [...]
Domestic Relations – Parent & Child – Custody Modification – Changed Circumstances – Factors
Wolgin v. Wolgin The trial court clearly considered not only the parties’ disagreements regarding custody but also the effect on the parties’ children of the defendant-mother’s unilateral transfer of the children from their Durham County schools to schools in Wake County and her decision to put the children into extracurricular activities farther away from the plaintiff-father. W[...]
Domestic Relations – Parent & Child – Custody & Support – Prior Order – Changed Circumstances — Prior DVPO – Extraordinary Expenses – Attorney’s Fees
Balawejder v. Balawejder Even though the defendant-mother dismissed her domestic violence claim against the plaintiff-father, domestic violence between the parties is one of the factors the trial court was required to consider pursuant to G.S. § 50-13.2(a) when it made findings as to the best interest of the child. We affirm the trial court’s order as to custody and child support. H[...]
Domestic Relations – Parent & Child – Custody & Support – Arrearage – Notice – Changed Circumstances
Jouma v. Jouma The plaintiff-father filed his motion to modify custody and support in October 2009; therefore, the trial court’s October 2010 order did not retroactively modify the father’s support arrearage in violation of G.S. § 50-13.10 or 42 U.S.C. § 666(a)(9)(c) when it extinguished the father’s obligation to pay child support after Sept. 1, 2010. We affirm the trial court[...]
Domestic Relations – Parent & Child – Custody Modification – Changed Circumstances – Mother’s Hostility & Move – Effect on Children
Stephens v. Stephens The defendant-mother’s angry outbursts and hostility towards the plaintiff-father and his current wife, in addition to the mother’s move from Harnett County to Durham were substantial changes in circumstances. The trial court was not required to wait until the changes harmed the children to find that the changes affected the children. We affirm the custody modi[...]
Domestic Relations – Parent & Child – Custody – Modification – Changed Circumstances – Effect on Child’s Welfare
Griffin v. Griffin Even though the mother’s planned move from Forsyth County to New Bern is a substantial change in circumstances, the trial court’s order does not indicate how this change affects the child’s welfare. We vacate the trial court’s order modifying custody and remand for further proceedings.
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