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Domestic Relations – Parent & Child – Support – Contempt – Willfulness
Where the trial court’s contempt order said the defendant-father’s failure to pay child support was “without justifiable excuse,” it doesn’t matter that the order failed to use the word “willful” or any of its derivations. We affirm the trial court’s order holding defendant in contempt. Defendant takes issue with one of the trial court’s findings […]
Domestic Relations – Parent & Child – Support – Father’s Income – Multiple Accounts
Holding: Given sparse evidence supporting the plaintiff-father’s assertion that he earned $1,500 a month, as well as evidence that he maintained multiple accounts and moved money around in order to avoid his creditors, the trial court should have made more than a summary finding that plaintiff’s monthly income was $1,500. Vacated and remanded. The self-employed […]
Domestic Relations – Parent & Child – Permanency Planning Order – Termination of Parental Rights
In re A.E.C. (Lawyers Weekly No. 010-069-17, 1 p.) (Per Curiam) Appealed from Cumberland County District Court (Edward Pone, J.) On writ of certiorari to the Court of Appeals. N.C. S. Ct. Holding: The Supreme Court improvidently allowed certiorari after the Court of Appeals dismissed an appeal from a district court order.
Domestic Relations – Parent & Child – Juvenile Court – Civil Custody Conversion – Pending Appeal
In re A.K. (Lawyers Weekly No. 012-098-17, 7 pp.) (Ann Marie Calabria, J.) Appealed from Rockingham County District Court (Christopher Freeman, J.) N.C. App. Unpub. Holding: While an appeal from a neglect and dependency adjudication and disposition is pending, the trial court retains jurisdiction over the juvenile matter and may address and modify custodial arrangements, […]
Domestic Relations – Parent & Child – Civil Practice – Jurisdiction – Child’s Residence
In re A.P. (Lawyers Weekly No. 011-113-17, 12 pp.) (John Tyson, J.) Appealed from Mecklenburg County District Court (Ty Hands, J.) N.C. App. Holding: The respondent-mother allowed her baby to reside with her caseworker in Rowan County from Nov. 25, 2015, until March 29, 2016, when the caseworker said she could no longer keep the […]
Domestic Relations – Parent & Child – Transfer to Chapter 50 – Insufficient Findings – Clerical Errors
In re J.K. (Lawyers Weekly No. 011-100-17, 17 pp.) (Donna Stroud, J.) Appealed from Cumberland County District Court (Cheri Siler-Mack, J.) N.C. App. Holding: The trial court’s custody order returning legal and physical custody of respondents’ child to the respondent-father appears to be intended to transfer the case to be addressed in the future as […]
Domestic Relations – Parent & Child – Abuse, Neglect & Dependency Adjudication – Constitutional – Self-Incrimination – Compelled Witness
In re L.C. (Lawyers Weekly No. 011-122-17, 26 pp.) (Mark Davis, J.) Appealed from Guilford County District Court (Betty Brown, J.) N.C. App. Holding: The respondent-mother was a compelled witness, and child abuse charges were pending against her, so she could invoke her Fifth Amendment right against self-incrimination when the Department of Social Services’ attorney […]
Domestic Relations – Parent & Child – Termination of Parental Rights – Subject Matter Jurisdiction – UCCJEA – New Jersey Custody Orders
In re T.E.N. (Lawyers Weekly No. 011-101-17, 10 pp.) (John Tyson, J.) Appealed from Guilford County District Court (Randle Jones, J.) N.C. App. Holding: Where (1) the petitioner-mother’s former home state of New Jersey has entered custody orders regarding the parties’ child, (2) the respondent-father still lives in New Jersey, and (3) there is no […]
Domestic Relations – Parent & Child – Transfer to Chapter 50 – Insufficient Findings – Clerical Errors
In re J.K. (Lawyers Weekly No. 011-100-17, 17 pp.) (Donna Stroud, J.) Appealed from Cumberland County District Court (Cheri Siler-Mack, J.) N.C. App. Holding: When the trial court purported to transfer this juvenile case to a custody case under G.S. Chapter 50, it did so on the same day that it entered its permanency planning […]
Domestic Relations – Parent & Child – Termination of Parental Rights – Insufficient Findings
In re L.L.O. (Lawyers Weekly No. 011-099-17, 21 pp.) (John Tyson, J.) Appealed from Person County District Court (Mike Gentry, J.) N.C. App. Holding: Respondents’ daughter had been out of their care for some time, and the record contains evidence which could support – although not compel – a finding of neglect. However, without a […]
Domestic Relations – Parent & Child – Abuse & Neglect Adjudication – Serious Emotional Damage
In re A.M. (Lawyers Weekly No. 011-185-16, 11 pp.) (Linda McGee, C.J.) Appealed from Brunswick County District Court (W. Fred Gore, J.) N.C. App. Holding: Although the trial court did not actually find that the child A.M. suffered emotional damage because of the respondent-mother’s screaming, cursing, and name-calling, the findings as to the 16-year-old’s hopelessness, […]
Domestic Relations – Parent & Child – Support – Evidence Recitation – Ultimate Finding of Fact
Foss v. Miller (Lawyers Weekly No. 012-079-16, 8 pp.) (Richard Dietz, J.) Appealed from Iredell County District Court (H. Thomas Church, J.) N.C. App. Unpub. Holding: Even though the trial court’s child support order recites the defendant-father’s testimony, since the order goes on to make an ultimate finding of fact as to the children’s needs […]
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