Child Custody

Attorney Fee Issue Addressed by NC Court of Appeals

Published on: August 11, 2011 | On behalf of Arnold & Smith, PLLC

In the North Carolina case of Simpson vs. Simpson, the Court of Appeals evaluated a dispute over the award of attorney fees. The dispute over attorney fees arose because Father filed a motion to modify child custody. Motion moved to dismiss the motion to modify child custody on the grounds that Father failed to allege a substantial change in circumstances affecting the welfare of the children. Mother’s motion to dismiss was granted and she subsequently sought reimbursement of her attorney fees. In support of her motion for attorney fees, Mother submitted a verified “Motion to Tax Costs,” a “History Bill,” and an affidavit of financial status. The trial Court heard Mother’s Motion to Tax Costs and allowed the parties to submit additional authority after the hearing but refused to allow the parties to submit any further evidence.

Termination of Parental Rights and Guardianship Goes to NC Court of Appeals

Published on: August 8, 2011 | On behalf of Arnold & Smith, PLLC

In the matter of A.S.Y, the North Carolina Court of Appeals evaluated whether a Guardian ad Litem for Mother should have been allowed to withdraw immediately prior to the hearing on whether to terminate Mother’s parental rights. The procedural history of this case is such that Mother requested assistance for herself and her daughter from Orange County Department of Social Services. That day, Orange County DSS assumed custody of the child and placed her in foster care. A Guardian ad Litem was appointed for Mother for the neglect and dependency proceedings.

Father Appeals the Termination of His Parental Rights

Published on: August 4, 2011 | On behalf of Arnold & Smith, PLLC

In the matter of D.H.H., the Father of D.H.H. had his parental rights terminated by the trial Court. The trial Court found three grounds on which it based its termination of Father’s parental rights. Father appealed and challenged only the first and second grounds on which his parental rights were terminated. Father did not challenge the third ground on which his parental rights were terminated.

Interstate Child Custody Case Reviewed by North Carolina Court of Appeals

Published on: June 30, 2011 | On behalf of Arnold & Smith, PLLC

The North Carolina Court of Appeals reviewed an interstate child custody case in Bohannan vs. McManaway. This case is noted by the North Carolina Court of Appeals to be a “procedural quagmire” and this review will not recount all of the procedural history. Ultimately, the North Carolina Court of Appeals ruled that the trial court abused its discretion by denying Mother’s Rule 60 motion to set aside the 2007 Order. The North Carolina Court of Appeals ultimately vacated said Order, largely, because the evidence was undisputed that hte Order was entered without hearing any evidence. Further, there was a “patently false” finding of fact that Mother had not filed an answer in the case.

Child Custody Decision by North Carolina Court of Appeals

Published on: June 28, 2011 | On behalf of Arnold & Smith, PLLC

The North Carolina Court of Appeals issued a ruling in a child custody matter relating to a jurisdictional issue in Sherrick vs. Sherrick. In this case, the North Carolina Department of Social Services initiated an action alleging that the minor child was a neglected juvenile. Eventually, the custody of the minor child was granted to the child’s parents and the paternal grandparents via a Consent Order. This Consent Order also included a provision directing the Clerk of Superior Court to “treat this Consent Order as the initiation of a civil action for custody of the juvenile.” There was a subsequent hearing under a new file number at which custody was granted to the parents, the paternal Grandparents appealed.

Same Sex – Second Parent Adoption Case Decided by North Carolina Supreme Court

Published on: June 24, 2011 | On behalf of Arnold & Smith, PLLC

The North Carolina Supreme Court ruled on the issue of same sex adoptions, or second parent adoptions, in the case of Boseman vs. Jarrell. This case involved a same sex couple who conceived a child together. After the child was born, the second parent adopted the child. The North Carolina Supreme Court ruled that the adoption decree was void ab initio because “the General Assembly did not vest our courts with subject matter jurisdiction to create the type of adoption attempted here.”

Modification of Child Custody Decision by the North Carolina Court of Appeals

Published on: January 18, 2011 | On behalf of Arnold & Smith, PLLC

In the case of Keaton v. Keaton, the North Carolina Court of Appeals reviewed the trial court’s determination that neither party met their burden of proving that there had been a substantial change in circumstances affecting the welbeing of the minor child. The parties separation agreement, which was incorporated into their Judgment of Absolute Divorce, provided primary child custody of the parties’ minor child to Mom with visitation to Dad.

Domestic Violence in Child Custody Dispute

Published on: December 9, 2010 | On behalf of Arnold & Smith, PLLC

A man involved in a child custody dispute recently committted an act of domestic violence when he hit the mother and the grandmother with his car in Monteray, California. According to the article, the man and a family member were in a motor vehicle and trying to leave with the minor children. The mother and grandmother of the children came outside of the house, stood in front of the car, and tried to convince the men to leave the children with their mother.

Virtual Visitation in Family Law

Published on: December 3, 2010 | On behalf of Arnold & Smith, PLLC

Courts are beginning to utilize new technology to experiment with the implementation of “virtual visitation” on divorced parents who do not live in the same state. A New York judge recently ruled that a mother who was moving out of state to Florida must make her two children available to talk to their father via Skype, an online video chatting service. Many other states have also begun to experiment with virtual visitation laws, with judges ordering non-custodial parents to keep in contact with their children through email, instant messaging, and web cameras.

Establishment of Child Custody or Modification of Child Custody?

Published on: October 4, 2010 | On behalf of Arnold & Smith, PLLC

The North Carolina Court of Appeals overturned a ruling which established child custody using the “best interests of the child” analysis when it should have applied the “substantial change in circumstances” analysis for a motion to modify child custody. In December 2006 the trial court entered a custody order which set the matter for review in February 2007. Said review never happened and an order was entered in February 2007 closing the file. In March 2009 the trial court entered another custody order pursuant to a motion in the cause for establishment of child custody applying the “best interests” analysis. The Court of Appeals ruled that the December 2006 custody order constituted a permanent custody order and the trial court was required to find that a substantial change in circumstance affecting the welfare of the child had occurred prior to entering a new custody order.