Articles Posted in Appellate

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If a custody dispute exists, the involvement of children in a juvenile neglect case can put that dispute on hold. That pause may be necessary while the juvenile court considers safety issues. But what happens when the juvenile case is effectively over? Continue reading →

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For children caught in the middle of a divorce, few things feel more uncertain (or more frightening) than not knowing what their daily life will look like going forward. Continue reading →

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Our last blog covered the facts of Williamson v. Smith (909 S.E.2d 926).  Father argued that the custody order was permanent, while the mother argued that it was not. Continue reading →

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The term “permanent” in a custody order holds extra weight at first glance. After all, if the title says “Permanent Custody Order”, it’s easy to assume that the arrangement can only be changed if something occurs that is substantial enough to garner the court’s attention. Continue reading →

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Custody cases can move quickly when a judge believes a child’s relationship with a parent may be jeopardized, and that can be stressful for everyone involved. But even a huge change in custody isn’t always the final say on a case. Continue reading →

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When a marriage ends, people brace for the hard conversations. How will custody work with the kids? How will the money be divided? Who gets what pet? And what life might look like next.

What people don’t always prepare for is the feeling of being watched, of realizing an ex somehow knows things they have never been told. Continue reading →

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We will discuss how the North Carolina Court of Appeals resolved important issues concerning Domestic Violence Protective Orders (DVPOs) in a 2025 case, Williams v. Cabrera, No. COA23-826 (N.C. Ct. App. Apr. 16, 2025). Continue reading →

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When you hear of someone committing an act of domestic violence, what do you imagine? A physical confrontation? A threat? While that is often the reality, it might not always be the full picture. Continue reading →

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The purpose of a domestic violence protective order is to keep people safe, but safety isn’t something a court can provide simply on request. The process demands evidence, scrutiny, and a finding that the legal standard has actually been met. Sometimes, even when the allegations are extremely serious, that finding never comes. Continue reading →

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We will discuss the North Carolina Court of Appeals case Fitzgerald v. Fortner (2024) and explain the key issues of juvenile court jurisdiction, child custody transfer, and standing in custody disputes. You will see why the court vacated a Chapter 50 custody order and what the statutory requirements under North Carolina family law are. Continue reading →

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