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Tag Archives: parent & child

Domestic Relations – Civil Practice – Subject Matter Jurisdiction – Parent & Child – Termination of Parental Rights – New Jersey Custody Determination (access required)

In re J.A.P. An initial custody determination was made in New Jersey, the father still lives in New Jersey, and nothing in the record indicates that a New Jersey court has determined that New Jersey “no longer has exclusive, continuing jurisdiction” or that “a court of this state would be a more convenient forum.” G.S. §§ 50A-201 and -203.Therefore, the trial court lacked subject matter jurisdiction over the mother’s petition to terminate the father’s parental rights.

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Domestic Relations – Parent & Child – Custody – Modification – Changed Circumstances (access required)

Weaver v. Thomas The trial court’s findings show that circumstances have changed since its original custody order in that the children have bonded with their new stepmother and the defendant-father has been more successful than the plaintiff-mother in dealing with their son’s anger issues. We affirm the trial court’s modification of custody, awarding primary physical custody to the father.

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Domestic Relations – Parent & Child – Joint Custody – Primary Caregiver – Support (access required)

Underwood v. Underwood Even though the trial court concluded that both parties were fit and proper persons to share joint legal custody of their child, the court’s findings that the plaintiff-mother had been the child’s primary caregiver support its award of primary physical custody to the mother. We affirm the custody order but reverse the support order.

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Domestic Relations – Parent & Child – Support – Modification – Attorney’s Fees – Expenses — Expert Witness (access required)

McKinney v. McKinney Although the parties’ separation agreement only required the defendant-father to pay $2,250 per month in child support, for two years he paid $4,750 per month. He then unilaterally reduced his payment to $2,250 per month, demanded that the plaintiff-mother and the parties’ child move out of the house he had been providing for them, and terminated the lease on the car he had provided for them. The father’s refusal to increase his child support payments until the court ordered him to do supports the trial court’s finding that the father refused to provide adequate child support.

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Domestic Relations – Parent & Child – Support Action – Civil Practice – Subject Matter Jurisdiction & Standing – Custody (access required)

Caldwell County Department of Social Services ex rel. Howe v. Howe The defendant-father challenges the district court’s subject matter jurisdiction and plaintiff’s standing, arguing the mother did not have custody of the parties’ child. However, the father based his argument on the parties’ consent order in which they agreed “to equally share custody of their minor child.”

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Domestic Relations – Parent & Child – Custody Modification – Changed Circumstances – Factors (access required)

Wolgin v. Wolgin The trial court clearly considered not only the parties’ disagreements regarding custody but also the effect on the parties’ children of the defendant-mother’s unilateral transfer of the children from their Durham County schools to schools in Wake County and her decision to put the children into extracurricular activities farther away from the plaintiff-father. We affirm the custody modification and denial of the mother’s motion for a new trial.

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Domestic Relations – Parent & Child – Custody Modification – Changed Circumstances – Factors (access required)

Wolgin v. Wolgin The trial court clearly considered not only the parties’ disagreements regarding custody but also the effect on the parties’ children of the defendant-mother’s unilateral transfer of the children from their Durham County schools to schools in Wake County and her decision to put the children into extracurricular activities farther away from the plaintiff-father. We affirm the custody modification and denial of the mother’s motion for a new trial.

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Domestic Relations – Parent & Child – Termination of Parental Rights – Civil Practice – Subject Matter Jurisdiction – Petition Verification (access required)

In re M.M. Even though the verification of the petition to terminate respondent’s parental rights pre-dates the filing of the petition by four days, this did not deprive the trial court of subject matter jurisdiction. We affirm the termination of respondent’s parental rights.

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Domestic Relations – Parent & Child – Child Support – Civil Practice – Declaratory Judgment Action – Pennsylvania Separation Agreement — Standing (access required)

Preis v. Yoas Where a Pennsylvania court had already determined that the child support provision of the parties’ separation agreement was too vague to enforce, and where the defendant-mother was only attempting to enforce another Pennsylvania court’s subsequent child support order, the plaintiff-father failed to show that litigation over the separation agreement was imminent. We affirm the trial court’s dismissal of plaintiff’s declaratory judgment action for failure to state a claim upon which relief could be granted.

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