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Domestic Relations – Child Custody – Parent Relocating to Foreign Jurisdiction
The permanent child custody order failed to resolve key disputed issues and did not contain sufficient findings to demonstrate that the decision served the child’s best interests. We vacated and […]
Domestic Relations – Temporary Child Support Order vs. Permanent Child Support Order – Prior ‘Closed’ Docket Entries
The trial court wrongly treated prior temporary child support orders as permanent and failed to relate support back to the 2020 filing date without findings but properly relied on the […]
Domestic Relations – Servicemembers Civil Relief Act – Custody Modification
We held for the first time in North Carolina that the Servicemembers Civil Relief Act required a mandatory stay when Father was unavailable due to military service. We reversed the […]
Domestic Relations – Equitable Distribution – Divisible Property
The trial court erred by failing to properly address and value the post-separation passive appreciation of a marital stock account. We vacated and remanded an equitable distribution order for the […]
Domestic Relations – Neglect – Adjudication Order
Competent evidence, including the mother’s ongoing mental health issues, substance use, and exposure of the children to domestic violence and erratic behavior, supported the conclusion that the children faced a […]
Domestic Relations – Willful Abandonment – Domestic Violence Protective Order
Clear, unchallenged findings showed the father willfully abandoned his child by making no effort to maintain contact or support during the relevant six-month period despite having the ability to do […]
Domestic Relations – Termination of Mother’s Parental Rights – Second-Degree Murder of Father
The trial court properly applied the statutory best-interest framework and did not misapprehend the law in determining that termination was necessary to achieve permanency for the child. We affirmed an […]
Domestic Relations – Termination of Parental Rights Petition – Appellate Review in Juvenile Cases
The appeal was procedurally improper because termination of parental rights (TPR) petitions had been filed within the statutory period, thereby foreclosing immediate appellate review. We dismissed a mother’s appeal from […]
Domestic Relations – Termination of Parental Rights – Alternative Child Care Arrangement
The trial court’s findings were insufficient to support termination under several statutory grounds and failed to adequately address required elements of dependency. We vacated the termination order and remanded, instructing […]
Domestic Relations – Abused and Neglected – Unexplained Injuries
The trial court’s unchallenged findings were supported by clear and convincing evidence. We affirmed the trial court’s orders concluding that one infant child was abused and neglected and that her […]
Domestic Relations – North Carolina Domestic Violence Act – Domestic Violence Protective Order
The statutory one-year limit applies to the order issued after notice and hearing and does not include time served under a prior ex parte order. We affirmed the trial court’s […]
Domestic Relations – Child Support Award – Calculation of Income
The trial court erred in calculating Father’s income, by including certain work-related child care expenses that were not supported by competent evidence in the child support calculation, and by failing […]
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Commentary
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