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Domestic Relations – Termination of Parental Rights – N.C. Gen. Stat. §7B-1111(a)(11) – Sexually Related Offense – N.C. Gen. Stat. §14-202.1(a)(1) – Indecent Liberties with a Child
The trial court properly terminated Father’s parental rights because Father was convicted of a sexually related offense and because the relations that resulted in the conception of the subject child also led to Father’s conviction under N.C. Gen. Stat. Chapter 14. The trial court did not commit error in terminating Father’s parental rights. Father appealed […]
Domestic Relations – Child Custody – Motion to Modify Custody – Substantial Change of Circumstances – Previously Disclosed Circumstances – Injuries to Child
The trial court improperly considered previously disclosed, considered, and addressed events when issuing a Second Custody Order. Without the previously considered evidence, the court’s findings were inadequate to support a conclusion that a substantial change in circumstances had occurred. We vacate the trial judge’s order and remand for entry of an order concluding a substantial […]
Domestic Relations – Child Custody – Motion to Modify Custody Order – Substantial Change of Circumstances
The evidence supported and the trial court made the necessary findings of fact of a substantial change of circumstances to warrant a conclusion to modify a 2019 Custody Order in the best interests of the minor children. The order appealed from is affirmed. Mother appealed from an order modifying the custody of Mother’s and Father’s […]
Domestic Relations – Termination of Parental Rights – Right to Court-Appointed Counsel
The trial court’s findings regarding Parents’ conduct was supported by the record, and those findings supported the trial court’s conclusion that Parents’ conduct justified forfeiture of their right to court-appointed counsel. We affirm the court’s conclusion that Parents forfeited their right to court-appointed counsel and terminating their parental rights. Respondent-Mother and Respond[...]
Domestic Relations – Primary Physical Custody – Modification of Separation and Child Custody Agreement – Substantial Change of Circumstances
A substantial change of circumstances affecting the welfare of the parties’ minor children warranted a modification of a prior incorporated separation and custody agreement. The trial court did not abuse its discretion by determining it was in the best interests of the children to award plaintiff father primary physical custody. Defendant mother appealed from a […]
Domestic Relations – Termination of Parental Rights – Likelihood of Future Neglect – Children’s Best Interest
The trial court did not err in concluding that the mother’s parental rights were subject to termination based on neglect. We affirm the trial court’s orders terminating respondent-mother’s parental rights to the minor children. Respondent mother appealed from orders entered in 2022, terminating her parental rights. In 2019, the Surry County Department of Social Services […]
Domestic Relations – Termination of Parental Rights – Likelihood of Neglect – Evidence of Mother’s Neglect
The trial court did not err in determining that there is a likelihood that neglect would reoccur if the subject minor were to be returned to his mother. We affirm the trial court’s order terminating Mother’s parental rights. Respondent mother appealed s from the trial court’s order terminating her parental rights to her minor child […]
Domestic Relations – Indian Child Welfare Act – Termination of Parental Rights – Evidence of Indian Identity
The trial court was not required to make inquiries into children’s Indian child status under the Indian Child Welfare Act. We affirm the trial court’s order. The juveniles’ mother appealed from the trial court’s order terminating parental rights in two of her children. Respondent-Mother argued the trial court reversibly erred by failing to fulfill its […]
Domestic Relations – Equitable Distribution – Classification of Property – Marital Property
The trial court properly concluded the disputed lots were plaintiff’s separate property. Defendant failed to meet his burden to establish a marital component attributable to active appreciation. Furthermore, we affirm the trial court’s classification of the disputed vehicles and marital debt. We affirm the trial court’s equitable distribution judgment. Defendant John Kyle executor of his [&h[...]
Domestic Relations – Termination of Parental Rights – Motion for Recusal – Felony Child Abuse
Mother failed to present substantial evidence of the trial judge’s bias against her. The trial court did not err by making findings of fact about its own ability to rule impartially in Mother’s termination of parental rights hearing and denying Mother’s motion for recusal. On appeal from a motion for recusal, we review de novo […]
Domestic Relations – Termination of Parental Rights – Subject Matter Jurisdiction – Verified Petitions – N.C. Gen. Stat. 7B-1101
The trial court had subject matter jurisdiction to terminate Mother’s parental rights to her two minor children. We affirm the trial court’s order terminating Mother’s parental rights. Respondent-Mother appealed from the trial court’s order terminating her parental rights to her minor children, “Mona” and “Sid.” Respondent-Mother raised no arguments concerning the merits of the tri[...]
Domestic Relations – Equitable Distribution – Marital Misconduct – Alimony – Child Support
The trial court did not err in finding husband committed marital misconduct, did not err in determining wife was entitled to alimony, and did not abuse its discretion in awarding alimony to wife. We affirm the first order as to the equitable distribution of the parties’ property as well as the trial court’s two orders […]
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