Gray v. Peele (Lawyers Weekly No. 14-07-0800, 14 pp.) (Robert N. Hunter Jr., J.) Appealed from Wake County District Court (Daniel Nagle, J.) N.C. App. Holding: The child support motion in this case was heard in a IV-D session of ...

Tagged with: Child Custody Child Support

Hunt v. Durfee (Lawyers Weekly No. 14-16-0527, 4 pp.) (Linda McGee, J.) Appealed from Iredell County District Court (Deborah Brown, J.) N.C. App. Unpub. Holding: In an initial child custody order, the trial court granted the parties alternating-week joint custody; ...

Tagged with: Child Custody

In re K.A. (Lawyers Weekly No. 14-07-0291, 18 pp.) (Linda Stephens, J.) Appealed from Mecklenburg County District Court (Elizabeth Trosch, J.) N.C. App. Holding: The burden of proof in a child custody action is a preponderance of the evidence while ...

Tagged with: Child Custody

In re A.D.N The petitioner-paternal grandmother had standing to petition for the termination of the respondent-mother’s parental rights under G.S. § 7B-1103(a)(5) once the child had been living with the grandmother for two years.

Tagged with: Child Custody

An effort to prevent North Carolina courts from applying foreign or certain religious laws to North Carolina domestic and child custody cases has been recommended by a General Assembly committee.

Tagged with: Child Custody

In re L.C.R. Even though the trial court converted a neglect case into a child custody case when it awarded custody to the petitioner-grandparents, the custody order was still a “court order” within the meaning of In re A.C.F., 176 N.C. App. 520, 626 S.E.2d 729 (2006). Considering the order in the neglect case – giving DSS custody of the children – and the order in the custody case – giving the grandparents custody of the children, the children were in an out-of-home placement for well over 12 months prior to the filing of the termination petition

Tagged with: Child Custody

Jones v. Whimper Where the New Jersey court declined to cede jurisdiction to North Carolina, the case remained in New Jersey, and North Carolina does not have jurisdiction.

Tagged with: Child Custody

McKyer v. McKyer Once the plaintiff-father appealed the trial court’s Dec. 11, 2008 custody order and perfected that appeal, the trial court was stripped of jurisdiction to enter any orders affecting custody, including the May 29, 2009 orders relating to visitation.

Tagged with: Child Custody

Lovallo v. Sabato Defendant timely filed motions for relief from the trial court’s order; then, five months after the order was entered but before the trial court had ruled on defendant’s N.C.R. Civ. P. 59 and 60 motions, defendant filed notice of appeal. Defendant’s notice of appeal was not timely filed, and we do not find it appropriate to issue a writ of certiorari under these circumstances. Appeal dismissed.

Tagged with: appeals Child Custody Civil Practice Domestic Relations Untimely Notice

Lamm v. Lamm. (Lawyers Weekly No. 11-07-0213, 17 pp.) (Rick Elmore, J.) Appealed from Pasquotank County District Court. (C. Christopher Bean, J.) N.C. App. Click here for the full text of the opinion. Holding: Since the evidence indicated that the ...

Tagged with: Child Custody Domestic Relations Pasquotank County Rule 11 Sanctions