In this part of our series we are reviewing a case that is unpublished, but extremely helpful for family law attorneys practicing in Guilford and surrounding counties presenting testimony by professionals from a Children’s Advocacy Center. Continue reading →
In Part 5 of our series, we look at admitting hearsay statements made to social workers. It is common in cases involving allegations of abuse that a social worker will be involved at some point, whether the social worker conducts the initial interview, or they are brought in after there has been police involvement. Often the social worker will speak individually with the child and will have vital hearsay statements from the child that need to be admitted. A particularly helpful case on this point is State v. Crumbley, 519 S.E.2d 94, 135 N.C. App. 59 (1999). Continue reading →
The next case that family law practitioners in Guilford and surrounding counties will find beneficial in the admission of hearsay statements is the case of State v. Hinnant, 523 S.E2d 663, 351 N.C. 277 (2000). According to our fact pattern from Part 1 of our series, the children Aaron and Billy were ages 5 and 3. Let us assume that at the custody trial 5 year old Aaron is permitted to testify about the sexual abuse. However, upon the start of the testimony, Aaron becomes inconsolably upset and cannot be calmed to resume his testimony. What then is the attorney to do? Continue reading →
As we discussed in Part 2 of our series, family law attorneys practicing in Guilford and surrounding counties have difficulty when trying to admit hearsay statements regarding alleged sexual abuse in custody cases. While there may be several ways to have these hearsay statements admitted, it is crucial the attorney determines the most viable hearsay exception that can be applied. In situations where a child has given statements to several professionals at a Children’s Advocacy Center, it can be frustrating as there is a dearth of case law on statements given at Children’s Advocacy Centers. However, a recent case from the N.C. Court of Appeals that is particularly helpful is State v. McLaughlin, No. COA15-333. Continue reading →
In our fact pattern from Part 1 of our series, the first indication of child sexual abuse was in the statements Aaron and Billy made to Grandmother. Family law attorneys in Guilford County would be wise to try to have these statements admitted under the exception in Rule 803(4) on hearsay, “Statements for Purposes of Medical Diagnosis or Treatment.” N.C.G.S. § 8C-1, Rule 803(4). While a practitioner’s first inclination may be to dismiss this hearsay exception as irrelevant since the statements were made to Grandmother who is not a medical professional, this exception is extremely flexible. Continue reading →
When attorneys in Guilford County try custody cases in which there have been allegations of child sexual abuse, it is vital that statements made by the child regarding the abuse be admitted into evidence. These statements regarding abuse can be critical in determining the best interests of the child, as well as the level of supervision and involvement of the parents when the abuse of the child occurred. Continue reading →
What would happen if you would like to move with your child, and the move would affect the current child custody agreement? Of if the other parent wants to move out of state? It is important in either of these situations to speak to a qualified North Carolina custody attorney. At the Woodruff Family Law Group, we have successfully resolved many cases for parents who have sought to relocate with their children or parents who have opposed a move. We understand how emotionally charged relocation cases can be, which is why you can expect the utmost compassion from our entire team. Continue reading →
I know, the last thing your teenager wants to do this summer is read. But, if you get creative with it, you might be able to get them to read a few books this summer. My 15 year old niece helped me with some of my summertime reading research, so most of this is in her opinion. She is a spirited teen who is a stellar soccer player and student, so I trust her opinion in leading me in the right direction for a good teenage view on literature. Continue reading →
The kids are starting to get antsy. All the final tests in school are coming to an end, and they have checked out for the year. You know what will be coming next: summer break! Last summer your kids always complained that they were bored, or they spent way too much time on their electronic devices. This summer, plan ahead and make it a fun and enjoyable time for both you and your kids. Continue reading →
It’s the telephone call that you hope you never get. “Get to the hospital now! There’s been a terrible accident!” May 17th, 2011, was the day that happened. You go into panic mode. Your heart starts racing, your thoughts are jumbled. You have to remember how to drive, how to get to the hospital. When I finally got there and walked into the Family Consult room, I saw my husband there in tears, inconsolable with a doctor and a nurse, by himself hearing the worst news he’s ever heard. His son, my stepson, wasn’t going to make it. What do you say, what do you do? It all started out as a normal Tuesday in Greensboro, NC. Suddenly, our lives were turned upside down. Continue reading →
North Carolina Divorce Lawyers Blog