The trial court could cease reunification efforts based on its findings, which showed that the respondent-mother’s conduct increased the enormity or added to the injurious consequences of the abuse and neglect suffered by her four children. The trial court found ...

Tagged with: Domestic Relations

Although the trial court’s adjudication order mentions the DSS predisposition report – which must not be considered by the trial court prior to the completion of the adjudicatory hearing, G.S. § 7B-101(a) – this appears to be a scrivener’s error. ...

Tagged with: Domestic Relations

The respondent-Father claims that the only method of communication he had with the petitioner-Mother during their relationship – including dating, marriage, having children, and divorce – was Facebook. While this seems unlikely, even if it were true, instead of using ...

Tagged with: Domestic Relations

The respondent-Mother was initially reluctant to agree with the stipulations which formed the basis for the adjudication of her son, “Todd,” as neglected. However, the trial court (1) allowed Mother to confer with her attorney; (2) at various points, expressed ...

Tagged with: Domestic Relations

Plaintiff’s decedent filed a divorce action and then learned that the officiant at his wedding had been unqualified. The filing of the divorce action did not estop the decedent – judicially or equitably – from filing this subsequent action for ...

Tagged with: Domestic Relations

Where the respondent-father had not had contact with “David” since 2012, shared no parental bond with David, had made only sporadic child support payments since 2010 with multiple years of non-payment, and was $60,456 in arrears, the trial court could ...

Tagged with: Domestic Relations

Despite diagnoses of post-traumatic stress disorder, amphetamine use disorder, opioid use disorder and cannabis use disorder, the respondent-mother failed to participate in a parenting/psychological assessment, a substance abuse program or mental health services. In the ten months after entering her ...

Tagged with: Domestic Relations

Before terminating the respondent-mother’s parental rights, the trial court denied respondent’s motion to continue. In its order denying the motion to continue, the trial court found this was the second time respondent had requested a continuance for reported illness without ...

Tagged with: Domestic Relations

Even though the respondent-mother made progress on her case plan – including going to parenting classes, completing domestic violence education, and participating in therapy – since she also continued to allow her abuser to remain in her life and to ...

Tagged with: Domestic Relations

Even though the trial court concluded that there was “no compelling basis or reason for the Court to go against the recommendations of the PCDSS and the GAL,” the trial court did not impose an evidentiary burden on the respondent-father. ...

Tagged with: Domestic Relations