Please ensure Javascript is enabled for purposes of website accessibility
Home (page 2)

Tag Archives: Child Custody

Domestic Relations – Parent & Child – Termination of Parental Rights – Out-of-Home Placement – ‘Court Order’ – Civil Custody Order

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

Read More »

Civil Practice – Appeals – Post-Trial Motions – Untimely Notice – Domestic Relations – 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.

Read More »