North Carolina Lawyers Weekly
A parent is not in contempt of a custody order by failing to force a child to return to the other parent’s custody where it is not in the child’s best interest to be forced into visitation. We affirm the ...
Tagged with: Child Custody
Read More »Domestic Relations – Child Custody –Former Unmarried Partner – Standing
Where plaintiff’s relationship with the children ended when her relationship with their mother ended, and where neither of the biological parents had taken acts inconsistent with their constitutional parental rights, plaintiff lacked standing to pursue custody. We affirm the trial ...
Tagged with: Child Custody
Read More »Domestic Relations – Child Custody – Grandparent & Mother – Civil Practice – Recusal & Rule 59 – UCCJEA
On plaintiff’s motion, Judge Marshall Bickett recused himself; thereafter, Judge James Randolph had no authority to grant plaintiff’s Rule 59 motion. Although the first order granting the defendant-maternal grandmother custody of the plaintiff-mother’s child was entered in Florida, our courts ...
Tagged with: Child Custody
Read More »Domestic Relations – Child Custody – Grandparent-Custodians – Removal from Action – Insufficient Findings
The respondent-grandparents were awarded custody of their grandchildren, “Jonah” and “Zeke.” Consequently, the parents’ subsequent relinquishment of their parental rights to Jonah and Zeke didn’t automatically warrant the dismissal of the grandparents from the G.S. Chapter 7B proceedings concerning the ...
Tagged with: Child Custody
Read More »Civil Practice – Writ of Recordari – Domestic Relations – Child Custody – Grandparents
Metcalf v. Call (Lawyers Weekly No. 012-174-17, 9 pp.) (Valerie Zachary, J.) Appealed from Swain County Superior Court (William Coward, J.) N.C. App. Unpub. Holding: Plaintiff is a maternal grandfather who was not allowed to intervene when the defendant-paternal grandmother ...
Tagged with: Child Custody
Read More »Domestic Relations – Child Custody – Guardianship – District Court Action
Corbett v. Lynch (Lawyers Weekly No. 011-412-16, 8 pp.) (Chris Dillon, J.) Appealed from Davidson County District Court (April Wood, J.) N.C. App. Holding: Once the defendant-aunt was named as the orphaned minor children’s general guardian, the district court properly ...
Tagged with: Child Custody
Read More »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, ...
Tagged with: Changed Circumstances Child Custody
Read More »Stranger danger
The North Carolina Senate Health Committee has approved a bill that would make it unlawful to give your kid away to a complete stranger. Read that again. The committee approved a bill that would make it a crime to give ...
Tagged with: Child Custody
Read More »Insurance — No Duty to Defend ‘Kidnapping’ Suit
Liberty University Inc. v. Citizens Ins. Co. of America (Lawyers Weekly No. 15-01-0708, 32 pp.) (Thacker, J.) No. 14-2254, July 10, 2015; USDC at Lynchburg, Va. (Moon, J.) 4th Cir. Holding: An insurance company has no duty to defend Liberty ...
Tagged with: Child Custody Kidnapping
Read More »Domestic Relations — Parent & Child – Custody & Visitation – Attorneys – Civil Practice – Appeals – Chapters 7B & 50
C.A.T. v. D.W.H. (In re H.H., Traylor v. Huffman) (Lawyers Weekly No. 15-16-0062, 15 pp.) (Mark Davis, J.) Appealed from Polk & Henderson County District Courts (Peter Knight, J.) N.C. App. Unpub. Holding: Even though, when the trial court allowed ...
Tagged with: Child Custody
Read More »
