IN THE MATTER OF: J.M. (No. COA19-421) Under certain circumstances, a court will remove children from the custodial care and control of a biological parent and place them with a foster family. The court then develops primary and secondary case plans. The case plans consider the children’s best interests and…
Padilla v. Whitley De Padilla, COA19-478 (2020) (unpublished). Child custody orders are modifiable. In order to do so, the party seeking a modification must show a substantial change from the circumstances found in previous order that warrant the modification. It may seem obvious that a diminishment in the custodial parent’s…
Routten v. Routten, ______ N.C. _______ (2020). Child Custody can be a hotly contested issue in divorce cases with minor children involved. In certain instances, a court can award sole custody to one parent and even deny visitation to the noncustodial parent. That determination is severe and, by law, must…
In re NNB, COA 19-261 (Unpublished opinion) The family courts in North Carolina operate under one abiding principle: the best interest of the child. This overarching concept takes precedence over every other consideration and can produce unexpected results. This article discusses a recent case in our county in which a…
Shak v. Shak, ____ Mass. _____, SJC-12748 (2020). Nondisparagement clauses are ubiquitous in custody agreements and orders. Generally, they are a blanket prohibition on a parent from “talking bad” about the other parent in a form that the minor child(ren) will understand (whether in their presence or on social media,…
What is the best way to get your visitation suspended? Alienate your child or attempt to alienate your child from the other parent. A case that was filed September 18, 2018, in the North Carolina Court of Appeals illustrates this tragic error on the part of the mother. See Sneed…
We are officially in the midst of the best season of the year. No, I’m not referring to the pumpkin-filled days of Fall. I’m talking about football season. But as we don our team colors and cheer on our favorite players, the on-field battles aren’t the only ones that family…
Dear Carolyn, I reluctantly entered into a consent child custody order with the mother of my child in 2013. We were never married and never actually lived together. The child is now five having been born in 2011. I get visitation under the 2013 order, but the court never heard…
Dear Carolyn, I am the father of two children, ages 10 and 12. The mother of the children lives in West Virginia, where she moved after our divorce. The children were born and always have lived in North Carolina. The North Carolina order for custody allows the children to travel…
Dear Carolyn, I have a two year old daughter and the mother and I are facing a custody trial. The mother, in my opinion, has some mental disorders and has been treated for long-term depression. The mother breast fed, and mother and daughter are close. I feel, however, that I…