Divorce can be a challenging time, especially when children are involved. One of the most complex aspects of ending a marriage is determining custody and visitation rights. The case of Davidson v. Tuttle, 2022-NCCOA-622 offers a window into the intricate nature of these decisions and how they can change over time. Continue reading →
Rose v. Powell, 2023-NCCOA-______ (2023).
- Facts: Plaintiffs were the biological grandparents of the minor child in this case. Plaintiffs’ son, Jacob Chandler Rose, unexpectedly passed away. At the time of his death, the Defendant, Jacob’s wife, was pregnant with Jacob’s child, later named Aubrey, born on April 30, 2019. The Plaintiffs embraced their role as grandparents to Aubrey and spent time together, forming a close bond until May 2021. During this period, they assisted the Defendant with legal matters related to social security claims and provided financial support for Aubrey’s baptism. However, in May 2021, the Defendant severed contact between the Plaintiffs and Aubrey, resulting in a cessation of visitation. The Plaintiffs responded by seeking secondary custody of Aubrey on November 29, 2021. The Defendant, on February 2, 2022, filed a motion to dismiss and countered with requests for temporary and permanent custody, along with child support arrangements. The case was heard on August 15, 2022, the court issued an order dismissing the case. The Plaintiffs appealed this decision.
Selph v. Selph, 2023-NCCOA-______ (2023) (unpublished).
- Facts: Plaintiff and Defendant married in December of 2017 and separated on July 20, 2021. They had one child together, which was the subject of a custody action. Plaintiff retained counsel to handle custody, whereas Defendant proceeded on his own. The two ended up negotiating custody and voluntarily agreed on a schedule for permanent custody. This agreement was drafted, signed, notarized, and then entered by the court as a consent order. The contents of the consent order included a paragraph that memorialized the parties consent to enter into the custody schedule. This consent order allowed for Defendant to have visitation with the child at the Plaintiff’s discretion. Defendant appeals.
Defendant Mother appeals from the trial court’s order on child support and custody. The Court of Appeals reverses and remands.
Plaintiff Father and Defendant Mother married on January 1, 1994. The parties had two sons and separated on May 10, 1997. The parties’ divorce judgment was filed on August 17, 1998, which incorporated their separation agreement. The separation agreement provided a custodial schedule that directed the parties’ two sons to reside primarily with Defendant Mother and to spend every other weekend and summer vacation with Plaintiff Father. The agreement further provided that Plaintiff Father would pay half of the children’s uninsured medical and dental expenses and $200.00 each month as additional child support. Continue reading →
Argueta v. Baker, 137 A.D.3d 1020, 27 N.Y.S.3d 237 (2016)
There are times where parents do not effectively co-parent. There are even times where one parent goes out of their way to interfere in the parent-child relationship with the other parent. There are ways to enforce the controlling custody order, such as contempt. But New York seems to also have another avenue of relief, asking the court to terminate child support. Note: this is not North Carolina law, it is from New York. Continue reading →
Divorce can be stressful. The process of dividing property that has accumulated between you and your ex-spouse is a given. Questions regarding how you will split all that you have shared – the marital residence, cars, custodial time with the children – are all commonplace questions individuals ask themselves when going through a divorce. However, another issue has become increasingly commonplace among separating couples, and that is the question of how custody of family pets will be arranged. As people begin increasingly to refer to pets as their “fur babies,” family pets are slowly becoming a contentious topic for many divorcing couples. Continue reading →
In Jordao, the North Carolina Court of Appeals reviewed N.C.G.S. § 50-13.2 and how the statute requires the trial court to evaluate all relevant factors, including domestic violence in determining if custody and visitation is in the best interest of a child. Continue reading →
Padilla v. Whitley De Padilla, COA19-478 (2020) (unpublished).
Child custody orders are modifiable. In order to do so, the party seeking a modification must show a substantial change from the circumstances found in previous order that warrant the modification. It may seem obvious that a diminishment in the custodial parent’s life may meet that threshold. But below, we discuss a case where improvements in the noncustodial parent’s life warranted a modification in his favor, granting him more time with his kids and more decision-making abilities. Continue reading →
Routten v. Routten, ______ N.C. _______ (2020).
Child Custody can be a hotly contested issue in divorce cases with minor children involved. In certain instances, a court can award sole custody to one parent and even deny visitation to the noncustodial parent. That determination is severe and, by law, must be substantiated by a factual basis for the denial. But what basis is required? Below, we discuss how one court did so, and the ensuing legal confusion that required the North Carolina Supreme Court to step in. Continue reading →