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Sep 9, 2011

Attorney: Sex offenders can still be good fathers

A young man who was sent to prison for having sex with an underage girl is not barred from seeking visitation with the child born as a result of the crime, the North Carolina Court of Appeals has ruled. The Sept. 6 decision establishes that certain registered sex offenders cannot be deprived of their right to maintain a parental relationship with their children, said E. Clarke Dummit (pictured)[...]

Sep 8, 2011

Domestic Relations – Parent & Child – Sex Offender – Attempted Statutory Rape – Resulting Child — Visitation

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.

Jun 28, 2011

Domestic Relations – Appeals — Parent & Child – Visitation – Sealed File – Attorney’s Fees

Church v. Church Even though the trial court’s April 30, 2009 custody order provided for a future hearing in order to review “the progress [of] the family in dealing more appropriately and respectfully with one another,” this does not change the fact that this order finally determined the parties’ custody and visitation rights. Therefore, the plaintiff-father’s Sept. 3, 2009 not[...]

Mar 4, 2011

Domestic Relations – Child Custody – Visitation – Costs – Interest – Rule 11 – Sanctions

Peters v. Pennington. (Lawyers Weekly No. 11-07-0215, 42 pp.) (Robert N. Hunter Jr., J.) Appealed from Mecklenburg County District Court. (Rebecca T. Tin, J.) N.C. App. Click here for the full text of the opinion. Holding:  Where there was evidence that the defendant-mother, a child psychologist falsely accused the plaintiff-father of sexually abusing their children […]

Sep 16, 2010

Domestic Relations – Custody – Visitation – Substantial Change in Circumstances – Contempt

Mull v. Mull. (Lawyers Weekly No. 10-16-0897, 7 pp.) (Sanford L. Steelman Jr., J.) Appealed from Buncombe County District Court (Rebecca B. Knight, J.) N.C. App. Unpub. Holding: A modification of a final visitation order must be supported by evidence of “a substantial change in circumstances.” When a party is found in contempt, the court […]

Aug 25, 2010

Domestic Relations – Child Custody – Visitation – Grandmother’s Fitness – Changed Circumstances

Slawek v. Slawek. Over eight years, the intervenor-maternal grandmother has attempted to gain custody of the minor children, leaving the children anxious and insecure. The grandmother's worsening relationship with the children's father, her hiring of a private detective to investigate the father, and her attempts to indoctrinate the children into her religion and to pull them away from th[...]

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