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Tag Archives: parent & child

Domestic Relations – Parent & Child – Neglect – Disposition – Required Finding (access required)

In re S.H. Where respondents’ youngest child suffered cardiac arrest as the result of starvation, the trial court properly considered this fact when determining whether respondents’ three elder children were neglected. The trial court also properly considered other facts: the three elder children had never received any medical care while in their parents’ home, the respondent-father beat respondents’ son with various implements for disciplinary purposes such that the child sustained deep bruising and scarring to his back, and the respondent-mother failed to prevent this abuse.

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Domestic Relations – Parent & Child – Custody – Grandparents – One Year’s Placement – Review Hearings – Constitutional — Waiver (access required)

In re T.P. Even though the child spent several months with his maternal grandparents and several months with his paternal grandparents, he was nevertheless placed with relatives for more than a year. Therefore, the trial court could waive further review hearings under G.S. § 7B-906. We affirm the trial court’s award of custody to the paternal grandparents.

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Domestic Relations – Parent & Child – Support – Contempt – Consent Orders (access required)

Mooney v. Mooney Where, in the parties’ previous consent order, they agreed to set child support according to the N.C. Child Support Guidelines, the trial court did not award “retroactive child support” when it made the calculation called for in the consent order. We affirm in part, reverse in part, and remand in part.

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Domestic Relations – Parent & Child – Termination of Parental Rights – Drug Raid – Child Born During Incarceration (access required)

In re C.G.R. Respondent’s elder child, “Charlie,” developed post-traumatic stress syndrome after the home he and respondent shared with respondent’s boyfriend was the subject of a drug raid. Fifteen kilograms of cocaine, weapons, cash and drug paraphernalia were seized from an operation run out of a bedroom in the home; meanwhile, Charlie had been sleeping in a closet. We affirm the termination of respondent’s parental rights to her children Charlie and “Mary.”

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Domestic Relations – Parent & Child – Custody & Support – Prior Order – Changed Circumstances — Prior DVPO – Extraordinary Expenses – Attorney’s Fees (access required)

Balawejder v. Balawejder Even though the defendant-mother dismissed her domestic violence claim against the plaintiff-father, domestic violence between the parties is one of the factors the trial court was required to consider pursuant to G.S. § 50-13.2(a) when it made findings as to the best interest of the child. We affirm the trial court’s order as to custody and child support. However, we vacate the trial court’s attorney’s fee order and remand for reconsideration.

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Domestic Relations – Parent & Child – Support – Guidelines – Uninsured Medical Expenses – Attorney’s Fees (access required)

Couick v. Couick Where the trial court declined the defendant-mother’s request to depart from the Child Support Guidelines, the court was not required to follow the four-part test set out in Sain v. Sain, 134 N.C. App. 460, 517 S.E.2d 921 (1999). We affirm the trial court’s child support award but reverse and remand for further findings on the mother’s request for attorney’s fees.

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Domestic Relations – Parent & Child – Tort/Negligence — Tortious Interference With Child Custody – First Impression (access required)

Hinton-Lynch v. Frierson A mother who left her child with her parents for four months cannot prevail on her abduction of a minor or interference with child custody claim since she did not have custody rights superior to the child’s father at the time of the alleged abduction.

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Domestic Relations – Parent & Child – Neglect – Custody & Placement (access required)

In re D.L. Even though the children were adjudicated neglected, custody was never removed from the respondent-mother; the mother’s placement of the children in the homes of relatives was within her authority as custodian of the children, and that decision was endorsed by both DSS and the trial court. The court both recognized the mother’s legal status as custodian and alleviated the guardian ad litem’s concern when the court asked the mother to provide a medical power of attorney to meet the children’s medical needs.

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Domestic Relations – Parent & Child – Custody & Support – Arrearage – Notice – Changed Circumstances (access required)

Jouma v. Jouma The plaintiff-father filed his motion to modify custody and support in October 2009; therefore, the trial court’s October 2010 order did not retroactively modify the father’s support arrearage in violation of G.S. § 50-13.10 or 42 U.S.C. § 666(a)(9)(c) when it extinguished the father’s obligation to pay child support after Sept. 1, 2010. We affirm the trial court’s order granting custody to the father and requiring the mother to pay child support.

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Domestic Relations – Parent & Child – Sex Offender – Attempted Statutory Rape – Resulting Child — Visitation (access required)

Bobbitt v. Eizenga Even though plaintiff was convicted of attempted statutory rape, neither our statutes nor our case law prohibits him from seeking visitation with the child born as a result of his criminal act. We reverse the trial court’s order denying plaintiff’s visitation claim.

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