Drum v. Drum, 2022-NCCOA-448. Facts: Plaintiff is the maternal grandmother of a minor child. Defendants are the biological mother and father of the minor child. Notably, Defendant Mother was not a party to the appeal; only Defendant Father appealed. The minor child at issue in this custody case had been…
Everyone has seen a hearing on TV, but very few people know the process that leads up to that hearing. 95% of family law cases get settled before they even go to trial. Family law cases can be very stressful, but knowing what’s coming next can help lessen that stress.…
In re JBD, 2022-NCCOA-353 (unpublished). In North Carolina, termination of parental rights (TPR) cases exist to remove one parent’s complete rights to their child. The grounds for doing so include abuse and neglect of the minor child. The evidence must prove those grounds by clear and convincing evidence, a burden…
Blue v. Bhiro, 2022-NCSC-45 (2022) In North Carolina, our Rules of Civil Procedure govern many aspects of civil trials. This includes the vast majority of the actions you will see incident to divorce and separation, such as child custody, child support, alimony, and equitable distribution. Under these rules, there are…
Part 5: Custody Cases Involving LGBTQIA+ Children Parenting LGBTQIA+ kids can be difficult; trying to protect your child from bullies and bigots is enough to give any parent a sleepless night. Supporting your child, especially if you aren’t familiar with the LBTQ community, can mean working hard to expand both…
Part 2: Trans Parent Custody This is PRIDE month, and we are looking at family law issues that are specific to the LGBTQIA+ community. In Part 1, we discussed the difficulties LGBTQIA+ parents face in custody cases. Those issues can be daunting enough, but for transgender parents custody cases can…
A couple in India, Sanjeev Ranjan Prasad and his wife Sadhana Prasad, are retired and longing for a grandchild. The couple have one son, who received pilot training in the United States and is currently a pilot. Approximately six years ago, Sanjeev and Sadhana arranged for their son to marry…
This May, Mental Health Awareness Month, we examine how mental health stigmas impact child custody cases and what to consider if you are a parent diagnosed with a mental illness. Lately, it seems like everywhere you turn, people are discussing Amber Heard and Johnny Depp. A lot has been…
During a stage presentation at CinemaCon in Las Vegas last week, Olivia Wilde was handed a yellow envelope marked “Personal and Confidential.” Wilde was discussing her upcoming film Don’t Worry Darling when the ordeal transpired, confusing both Wilde and the audience. Out of curiosity, she opened the envelope to see…
Maddukuri v. Chintanippu, 2022-NCCOA-128 (1 March 2022) Stipulations are often used to expedite portions of a case/trial so that there is no time wasted on them, allowing the court to focus on the issues that are actually in contention. The use of stipulations of fact is pretty common. It removes…