If you have been involved with a highly contentious custody case in the Triad, you know that family members will start coming out of the woodwork to ask for custody of the minor children. This phenomenon is even more prevalent when the parents are not adequately caring for their children. This multi-part series will examine who can have standing to apply for custody of the minor children under North Carolina law, and the analysis the Court must follow. In part one of our series, we will examine the Constitutional Rights of the biological parents, which is the bedrock for all subsequent analysis by the Court. Continue reading →
Heart Balm Torts: Playing Doctor and Nurse (Malecek v. Williams 2017)
By Carolyn J. Woodruff, North Carolina Family Law SpecialistWinston Salem, North Carolina: Malecek v. Williams (2017)
Derek Williams is a Forsyth County doctor who had an affair apparently, or at least allegedly, with his nurse. Playing doctor-nurse games got them in trouble with the nurse’s husband, Marc Malecek. The nurse’s then-husband Marc sued Derek for alienation of affection and criminal conversation. Continue reading →
Danger Lurking Next Door
Dear Carolyn,
I have been reading the horrid stories about children being left in hot cars. I also have been troubled by my next door neighbor leaving her seven-year-old son alone this summer while she goes to work. I have seen this mother lock the door when she leaves in the morning with the child apparently inside. I do think the seven-year-old has a cell phone. I don’t like this situation for the seven-year-old who just finished first grade. Is there anything I can do?
~ Danger Lurking Next Door Continue reading →
Grandparents Have Rights Too!
Dear Carolyn,
I know I should have kept my mouth shut during the divorce, but I didn’t. My daughter-in-law ended up with custody (not that it wasn’t somewhat justified), but now she is taking it out on us and won’t let my husband and I see our own grandchildren. We worked hard and saved all of our lives, and now we have time and enough money for trips to the beach, mountains, even Disney World, and would love to take our grandchildren, but we aren’t even allowed to take them out for ice cream. As grandparents do we have any rights? Continue reading →
Give Mediation a Chance
Dear Carolyn,
I have a two-year-old and a five-year-old, and I am separated from their Father. I am filing for custody and divorce. I hear I am going to have to go to mediation with the Father, and I really don’t want to see him. I am not exactly afraid of him, but it sure is unpleasant being around him. Do I have to go to mediation, really?
~ Curious Continue reading →
Opioids and Domestic Violence Do NOT Mix
by Carolyn Woodruff, North Carolina Family Law SpecialistOpioids are the growing problem in family law. Opioids and domestic violence do not mix and yet yield dreadful consequences. From Greensboro, North Carolina, a 28-year-old woman named Marie Aman will spend many years in prison for the death of a man, who may or may not have been her boyfriend. Continue reading →
Placing the Blame
By: Leesa M. Poag, Attorney, Woodruff Family Law GroupAfter the death of their eight-year-old son earlier this year, two parents in Ohio have filed a lawsuit against Cincinnati Public Schools. The child hanged himself with a necktie from his bunk bed, an act that his parents claim was a result of bullying he suffered at his elementary school. The parents claim that the child was repeatedly bullied at his school, as were several of his fellow classmates. Continue reading →
Bullying and Suicide: Are Schools Liable?
Bullying in the classroom is, unfortunately, a continuing epidemic both nationally, as well as in the Triad. A new case out of Ohio has recently made news on this topic. An eight-year-old boy named Gabriel Taye from Ohio hanged himself from his bunk bed after being continually bullied at his grade school. The parents of the young boy have filed a wrongful death lawsuit against the Cincinnati Public Schools, asserting that the school is liable for the child’s death. The lawsuit states that school officials knew about the bullying but were indifferent to the situation and allowed a dangerous school environment to flourish for Gabriel. Continue reading →
Where to Begin and Where Does It End?
Bullying is not a new or novel occurrence; however, the effects bullying may have come as a surprise to many. Advancements in technology and the associated effects in society have created many new challenges in combating bullying, especially in schools. Whereas before, a child who was bullied at school was able to achieve some relief upon the bell ringing and returning home- an escape was possible. Continue reading →
“Doctor, Doctor, give me the news……”
By: Leesa M. Poag, Attorney, Woodruff Family Law GroupRecently, the North Carolina Court of Appeals has taken steps to hold medical professionals accountable when they become involved in legal proceedings. Family law attorneys in North Carolina are familiar with the process of a custody evaluation performed by a licensed psychologist. The Court of Appeals recently held that these licensed psychologists can be disciplined by their licensing board if their performance of the evaluation negatively affects clients, or even attorneys involved in a case. Continue reading →