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Tag Archives: parent & child

Domestic Relations – Parent & Child – Custody – Insufficient Findings – Civil Practice – Continuance Motion (access required)

Jerkins v. Warren In support of its award of primary physical custody to the plaintiff-father and liberal visitation to the defendant-mother, the trial court found merely that both parties “are fit and proper persons for the roles assigned herein” and that “this order is in the best interest of the minor child.” These findings do not allow us to determine whether the trial court property awarded primary physical custody of the parties’ child to the father.

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Domestic Relations – Parent & Child – Support – Paternity – Civil Practice – Standing – Personal Jurisdiction (access required)

State ex rel. Davis v. McCommons A mother was receiving public assistance from Union County Child Support Enforcement for the support and maintenance of her minor child. Therefore, the State of North Carolina – through Union County Child Support Enforcement – had standing to institute proceedings against defendant as the responsible parent under G.S. Art. 9, Chap. 110.

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Domestic Relations – Parent & Child – Sole Custody – Anger Issues – Involvement in Children’s Lives – Parents’ Ages (access required)

Gentry v. Gentry Where neither party asked for joint custody, and where the trial court found the parties’ animosity toward each other and their anger issues made shared custody inadvisable, the trial court did not err when it awarded sole custody to one parent rather than awarding joint custody to both.

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Domestic Relations – Parent & Child – Custody Modification – Changed Circumstances – Starting School – Visitation Curtailed (access required)

Dickason v. Hayes Even if acrimony and conflict between the parties were not new when the plaintiff-father moved for a custody modification, the defendant-mother did not challenge the trial court’s finding that she failed to work with the father to adjust his visitation to accommodate their child’s school schedule.

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Domestic Relations – Parent & Child — Support – Modification – Substantial Change of Circumstances (access required)

Johnston County ex rel. Bugge v. Bugge. Although a defendant who requested child support modification was entitled to the presumption of a substantial change in circumstances, the presumption was rebutted by evidence that he intentionally left his job, thereby voluntarily depressing his income.

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Domestic Relations – Parent & Child – Termination of Parental Rights – Civil Practice – Appeals – Trial Court Jurisdiction (access required)

In re M.I.W. Even though the Department of Social Services filed its motion to terminate respondents’ parental rights while respondents’ appeal of a disposition order was pending, once the mandate resolving the appeal had been issued, the trial court correctly exercised its jurisdiction to hear and resolve the motion.

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Domestic Relations – Parent & Child – Termination of Parental Rights Petition – Paternity – Legitimation – Amended Birth Certificates – Presumption – First Impression (access required)

In re J.K.C. The respondent-father’s name on the children’s amended birth certificates creates a rebuttable presumption that he has legitimated them. Since the guardian ad litem failed to rebut that presumption, respondent’s parental rights were not subject to termination based on a failure to legitimate. We affirm the trial court’s dismissal of the petition to terminate respondent’s parental rights.

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Domestic Relations – Parent & Child – Termination of Parental Rights – Incomplete Order (access required)

In re A.R.P. We reversed and remanded a termination of parental rights order because it lacked findings regarding willfulness. On remand, the trial court made findings of willfulness but did not make a conclusion of law that respondent’s parental rights should be terminated, a conclusion that termination is in the best interest of the children, or a decree that respondent’s parental rights are terminated.

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