North Carolina Divorce Lawyers Blog

Articles Tagged with custody

Published on:

By

Drum v. Drum, 2022-NCCOA-448.

Facts: Plaintiff is the maternal grandmother of a minor child. Defendants are the biological mother and father of the minor child. Notably, Defendant Mother was not a party to the appeal; only Defendant Father appealed.

The minor child at issue in this custody case had been living with Plaintiff since she was six to eight months old. Defendant Father visited the minor child less after Defendant Mother and the minor child moved in with Plaintiff. Defendant Mother had a drug problem and was not present for extended periods of the minor child’s life.

Plaintiff and her ex-husband were the primary caretakers for the minor child. They handled schooling, homework, vacations, etc. Defendant Father was a truck driver who was on the road most days during the week. He had never been a consistent presence in the minor child’s life. He also accumulated over $10,000 in child support arrears. Defendant Father never sought custody or visitation until court proceedings began.

Plaintiff filed for custody and was awarded primary physical custody and joint legal custody. Defendant Father appealed. Continue reading →

Published on:

By

Everyone has seen a hearing on TV, but very few people know the process that leads up to that hearing. 95% of family law cases get settled before they even go to trial. Family law cases can be very stressful, but knowing what’s coming next can help lessen that stress. For a few weeks, we will look at the steps of a family law case prior to a hearing.

Part 6:  Mediation Continue reading →

Published on:

By

Plaintiff Nigel Williams (“Father”) and Defendant Latoria Johnson (“Mother”) were married on May 1, 2015.  Father and Mother had one child born February 17, 2016.  Father and Mother then separated on April 30, 2016.  On January 17, 2017, Father filed a complaint for child custody.  On April 28, 2017, a custody order was entered granting joint legal custody of the minor child to Father and Mother, primary physical custody to Mother, and secondary physical custody by visitation to Father.

Continue reading →

Published on:

By

In Re TB, 2022-NCSC-43.

Facts: In January of 2019, Mecklenburg County DSS filed a petition alleging that the minor child in this action was neglected and dependent. They later moved her to foster care. The petition was initiated when police reported a domestic violence incident in the child’s home in early January, in which the father was arrested. When DSS spoke to Father and Mother after the incident, and both admitted to smoking marijuana, Father acknowledged he had mental health needs and that he had been in treatment for domestic violence through NOVA in the past. Mother said that she would have left Father if she had more family support. Father said he was willing to leave the family home. Father then agreed to go to Monarch for mental health assessment, and both parents agreed to submit to random drug screening. Continue reading →

Published on:

By

Everyone has seen a hearing on TV, but very few people know the process that leads up to that hearing. 95% of family law cases get settled before they even go to trial. Family law cases can be very stressful, but knowing what’s coming next can help lessen that stress. For a few weeks, we will look at the steps of a family law case prior to a hearing.

Part 3:  Service (Rule 4) Continue reading →

Published on:

By

Everyone has seen a hearing on TV, but very few people know the process that leads up to that hearing. 95% of family law cases get settled before they even go to trial. Family law cases can be very stressful, but knowing what’s coming next can help lessen that stress. For a few weeks, we will look at the steps of a family law case prior to a hearing.

Part 2:  The Complaint Continue reading →

Published on:

By

In today’s world of blended families, while a lot of kids have more than two people who love and care for them like parents, everyone knows that all children have two biological parents. As of 2016, however, that is no longer true. That year, a child was born using a process called Mitochondrial Replacement Therapy (MRT). MRT creates embryos with three genetic parents that can then be implanted through in vitro fertilization. Continue reading →

Published on:

By

In re JBD, 2022-NCCOA-353 (unpublished).

In North Carolina, termination of parental rights (TPR) cases exist to remove one parent’s complete rights to their child. The grounds for doing so include abuse and neglect of the minor child. The evidence must prove those grounds by clear and convincing evidence, a burden above a preponderance and below beyond reasonable doubt. There are some procedural steps as well. For example, in response to a TPR, the respondent can deny the allegations. If so, the court must appoint a guardian ad litem for the minor child. Another instance of a peculiarity of TPRs is that the trial court essentially enters two orders: one for adjudication on grounds for TPR, and one actually terminating rights (called the disposition order). This is because there are two major steps for TPR: one to find the grounds, and the other to determine whether it is in the best interest of the minor child to terminate a parent’s rights. Below is a case where a respondent did not follow procedure. Continue reading →

Published on:

By

Blue v. Bhiro, 2022-NCSC-45 (2022)

In North Carolina, our Rules of Civil Procedure govern many aspects of civil trials. This includes the vast majority of the actions you will see incident to divorce and separation, such as child custody, child support, alimony, and equitable distribution. Under these rules, there are a few preliminary hurdles a complaint may cross before a trial court will hear the matter. Two such hurdles are a motion to dismiss for failure to state a claim upon which relief can be granted (colloquially called a 12(b)(6) motion), and a motion for summary judgment. Both will dispose of the complaint, albeit for different reasons. Interestingly, because of the effect, sometimes a 12(b)(6) motion can be converted into a motion for summary judgment. Below is a case about one such conversion, or lack of conversion. Continue reading →

Published on:

By

Part 7: Trans Children in Custody Battles

In Part 6 we talked about gender affirming treatment for trans children. Unfortunately, gender affirming treatment, and even the idea of trans children at all, can be controversial. If you have a trans child, you and your child’s other parent may have very different ideas about whether and how to support your child’s gender identity. If you find yourself in that situation, you may also be facing a custody case, even if you are currently with the other parent. You certainly wouldn’t be the first parent to leave a spouse or partner because of their awful treatment of a trans child! Continue reading →