Because the trial court’s findings of fact are copied wholesale from the DSS neglect petition, they are replete with recitations of statements, allegations, concerns, reports, and recollections of various persons, with no indication that the trial court weighed this evidence, ...

Tagged with: Parent and Child

Even though the respondent-mother stipulated that her child, “Charlie,” was neglected, did not receive proper care or supervision, and lived in an environment injurious to his welfare, these stipulations were invalid stipulations to conclusions of law. While the mother also ...

Tagged with: Parent and Child

Because the trial court’s findings of fact are copied wholesale from the DSS neglect petition, they are replete with recitations of statements, allegations, concerns, reports, and recollections of various persons, with no indication that the trial court weighed this evidence, ...

Tagged with: Parent and Child

Even though the respondent-mother stipulated that her child, “Charlie,” was neglected, did not receive proper care or supervision, and lived in an environment injurious to his welfare, these stipulations were invalid stipulations to conclusions of law. While the mother also ...

Tagged with: Parent and Child

The trial court’s Jan. 12, 2017, order (1) changed the permanent plan for “Rebecca” to adoption with a concurrent plan of reunification, (2) required DSS to proceed with a termination of parental rights action, and (3) specifically required DSS to ...

Tagged with: Parent and Child

Where the parties’ child is starting preschool, this constitutes a substantial change in circumstances, and it is self-evident that such a change affects the child. We affirm the trial court’s order modifying custody to grant primary physical custody to the ...

Tagged with: Parent and Child

The parties agreed to and did move to Germany with their child, and the German courts are exercising jurisdiction in a parallel custody dispute. Under these circumstances, the Buncombe County District Court did not abuse its discretion when it declined ...

Tagged with: Parent and Child

Where the respondent-father’s appellate counsel filed a no-merit brief, told respondent he could file a pro se brief, and provided him with the relevant documents, but where respondent filed a document which asks for more time and broadly asserts that ...

Tagged with: Parent and Child

Where appellate counsel for the respondent-father filed a no-merit brief on respondent’s behalf in which counsel says she made a conscientious review of the record and concluded there is no issue of merit on which to base an argument for ...

Tagged with: Parent and Child

  Given the ample evidence that the defendant-mother had purposefully engaged in a course of conduct designed to alienate the parties’ children’s affections for their father and that these actions were detrimental to the children’s welfare, the trial court could ...

Tagged with: Parent and Child