By Ketan Soni Modification Of Custody, COA18-496, Jan. 15, 2019, Walsh v. Jones The Father’s record from 2004 and 2005 included acts of domestic violence, abuse of illegal drugs, anger management issues, and allegations of inappropriate touching of the minor child. In 2010, the court found Father was not a fit and proper person to have […]
The NCBA Family Law, Estate Planning, and Military & Veterans Law Sections invite you to a joint networking happy hour in Fayetteville. Date and Time: 5 – 7 p.m., Thursday, Feb. 28 Location: The Mash House, 4150 Sycamore Dairy Road, Fayetteville RSVP online by Tuesday, Feb. 26 Free for all Section Members. Invite someone who could be a member. […]
By Becky Watts Domestic Violence Protective Order, COA18-465, Dec. 18, 2018, Martin v. Martin, Wake County It is a violation of defendant’s due process rights to allow plaintiff to testify about alleged acts of domestic violence that were not pleaded in the complaint. Plaintiff-Wife filed a complaint for a domestic violence protective order against Defendant-Husband. […]
Alimony is an ever-changing aspect of divorce law. Watch a new, three-part video podcast series with NCBA Family Law Section Communications Co-chairs Ryan Schultz, Jessica Hefner, and Ketan Soni as they discuss three evolving aspects of alimony. Click here to view video conversations about alimony in the context of gray divorce, how cohabitation works with terminating alimony, […]
By Kathleen Lockwood and Melissa Averett The Domestic Violence Issues Committee of the Family Law Section is currently considering revisions to GS 50B-3(b), inspired by a 2014 Court of Appeals decision. In Rudder v Rudder, 234 N.C. App. 173 (2014), the Court of Appeals expressed some doubt whether the time limitations of G.S. 50B-3(b) apply to ex-parte […]
By Jessica B. Heffner Termination of Parental Rights, COA18-290, Oct. 16, 2018, In re D.A., Forsyth County Respondent-Mother and Respondent-Father both appealed the trial court’s order terminating their parental rights. Both parties’ attorneys filed “no-merit” briefs with the Court of Appeals pursuant to Rule 3.1(d). Respondent-Mother’s attorney complied with all requirements of Rule 3.1(d), including […]
By Evonne Hopkins Equitable Distribution, COA18-141, Oct. 16, 2018, Frady v. Frady, Transylvania County Equitable distribution order entered October 20, 2017. Husband appeals. Husband presented 13 issues on appeal which the court narrowed down to essentially five issues. The Court concluded that issues 1-4 were abandoned by failure of Husband to provide any meaningful support, reason […]
By Ryan Schultz Termination of Parental Rights, No. COA18-451, Sept. 4, 2018 In the Matter of J.M.K Buncombe County In a termination of parental rights hearing, a court cannot base termination from a ground that has not been pled. Facts: Mother and Father were in a relationship from February 2014 -September 2014. During their courtship, a daughter […]
By Ryan Schultz Equitable Distribution, COAA818-11o, Sept. 4, 2018 Thomas Steven Henson v. Robin Black Henson Cabarrus County After an equitable distribution hearing, Defendant/Wife (“Wife”) was awarded the value of $51, 524.00 contained in a SEP IRA, which was the value at the date of separation. The SEP IRA had gained $30,000 – $40,000 of passive […]
Application Deadline is Oct. 22, 2018 Scholarships are available from the Family Law Section of the North Carolina Bar Association to NCBA members who are members of the Family Law Section and who wish to take the “2018 Essentials of Family Law” CLE on Nov. 1-2, 2018. An eligible recipient is any Family Law Section […]