North Carolina Divorce Lawyers Blog

Articles Tagged with custody

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By: Jennifer Crissman, Attorney, Woodruff Family Law Group
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Part 9 of our continuing series for family law attorneys practicing in Guilford and surrounding counties focuses on the admission of hearsay from social workers and the Department of Social Services. When there is a case that has allegations of abuse, there will likely be intervention from the Department of Social Services at some point. As in our scenario, there usually will be an initial investigator, and at some point, the case will be assigned to another worker for follow up after the initial investigation. By the time that the case goes to hearing, there can be multiple workers who have interacted with the family and touched the case. The prospect of getting not just one, but multiple social workers with heavy caseloads in to court to testify is a daunting task to say the least. This segment will review the case of In re C.R.B. and the admission of DSS records authored by multiple social workers. In re C.R.B., 781 S.E.2d 846 (N.C. App. 2016) Continue reading →

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By: Jennifer Crissman, Attorney, Woodruff Family Law Group
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In this part of our continuing practical series, we will address the issues family law attorneys face when trying to admit DSS records and social worker’s testimony into evidence in Guilford and surrounding counties. Matter of Smith is a particularly useful case for when the child has made statements to one social worker, but that worker is not available to testify on the day of the hearing. As most attorneys who have needed a social worker’s testimony can attest, these are very busy people with important jobs. It is hard to get a social worker in court as they are usually dashing from one case to the next. Also, the social worker who initially receives the case may not keep the case in the long run. This is where the holdings of Smith can be applied. Continue reading →

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By Sarah Andrew, Blog Writer, Woodruff Family Law Group
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Everyone knows that the best thing about Halloween—besides the mountain of free candy—is the opportunity to transform, at least for the night, into a superhero or a Disney princess or a delightfully spooky creature. (Or, if your parents are at all like mine, into one-half of old-timey comedy duo Laurel and Hardy, with a bowler hat, a fake mustache, and a pillow stuffed under your button-down.) With the exception of nine-year-old me, who wasn’t thrilled to traipse through her Greensboro neighborhood as a middle-aged man, most kids would jump at a second chance to wear their costumes and celebrate all over again. Continue reading →

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By: Jennifer Crissman, Attorney, Woodruff Family Law Group
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For the next several installments of our practical series for family law attorneys in Piedmont Triad area, we will be reviewing the admission of hearsay statements through the business records exception, Rule 803(6). In this installment, we will consider the case of In re S.W., 625 S.E. 2d 594 (N.C. App. 2006). Continue reading →

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By: Jennifer Crissman, Attorney, Woodruff Family Law Group
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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 →

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By: Jennifer Crissman, Attorney, Woodruff Family Law Group
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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 →

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By: Jennifer Crissman, Attorney, Woodruff Family Law Group
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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 →

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By: Jennifer Crissman, Attorney, Woodruff Family Law Group
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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 →

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In any divorce, custody cases can be extremely complicated. While we want to believe that most parents can amicably work out an agreement that is best for the children, the reality is that there are often long and drawn-out custody battles that can exhaust the entire family. Under North Carolina law, child custody orders can be modified in two basic circumstances: when one of the parents has violated a court order, or when one or both parents allege a substantial change in circumstances. Continue reading →

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By: Jennifer A. Crissman, Attorney, Woodruff Family Law Group
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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 →