In the complex world of family law, the stakes can be incredibly high, particularly when it comes to the termination of parental rights. The recent unpublished opinion of In Re: B.L.K., decided by Judge Arrowood in Moore County on September 17, 2024, highlights the profound implications of parental involvement — or lack thereof. Here, the father appealed the termination of his parental rights, questioning whether the trial court had sufficient evidence to support (1) willful abandonment under N.C.G.S. § 7B-1111(a)(7) and (2) termination under N.C.G.S. § 7B-1111(a)(5). The Court of Appeals focused solely on the first issue, noting that if any statutory ground in § 7B-1111(a) is supported by competent evidence, the remaining grounds need not be addressed.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00FamilyLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngFamilyLaw2024-10-23 11:25:402024-10-23 11:38:35The Importance of Parental Responsibility: Insights From In Re: B.L.K.
Jay Jerkins and I, co-chairs of the Pro Bono section, want to welcome you to a new bar year with new opportunities for pro bono work. Why is pro bono important? The North Carolina State Bar asks each lawyer to commit to providing 50 hours of legal services to those who are unable to pay, according to Rule 6.1, which states in further detail: every lawyer should
“(a) provide a substantial majority of the (50) hours of legal services without fee or expectation of fee to:
(1) persons of limited means;
(2) charitable, religious, civic, community, governmental and educational organizations in matters that are designed primarily to address the needs of persons of limited means; or
(3) individuals, groups or organizations seeking to secure or protect civil rights, civil liberties or public rights, or charitable, religious, civic, community, governmental and educational organizations in matters in furtherance of their organizational purposes, where the payment of standard legal fees would significantly deplete the organization’s economic resources or would be otherwise inappropriate;
(b) provide any additional services through:
(1) the delivery of legal services described in paragraph (a) at a substantially reduced fee; or
(2) participation in activities for improving the law, the legal system or the legal profession.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00FamilyLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngFamilyLaw2024-09-12 09:22:032024-09-12 11:05:53What Can Pro Bono Do for You?
As your new Chairperson of the Family Law Section, it is my distinct pleasure to unveil an initiative that is close to my heart and crucial to our collective well-being. I am calling it the Family Law Attorney Wellness (FLAW) initiative.
In our demanding field, we are often so focused on the needs of our clients that we may neglect our own health and well-being. This is a FLAW. The intense emotional and intellectual demands of family law can lead to significant stress, burnout, addiction, and other mental health challenges. This is a FLAW. According to a study by the American Bar Association, 28% of practicing attorneys struggle with depression and more than 50% report having experienced burnout. This is a FLAW. It is time that we acknowledge and address these issues head-on, fostering a culture that supports the well-being of every attorney in our community. We are going to reclaim the FLAW and make it work for us.
Attorney Coleman Cowan, former Emmy award-winning 60 Minutes producer, and successful personal injury litigator, also just became a Senior Lecturing Fellow at Duke University School of Law. He is a graduate of the University of North Carolina at Chapel Hill (undergrad) and Wake Forest University School of Law who went on to get a master’s degree in journalism from Columbia University in New York City.
Coleman Cowan
His graduate thesis was his investigative journalism into DNA testing on rape kits at the NYPD, and ultimately launched his career at 60 Minutes. Attorney Cowan will be our captivating guest lecturer for the Lunch Program at the Fall CLE, presenting on the topic: “To Live, Not Exist: What Our Experiences Can Teach Us about Managing Stress and Anxiety.”
You can attend this CLE in person at the Marriott Greensboro Downtown or via webcast.
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Welcome to the first DEI (Diversity, Equity, & Inclusion) blog post. Let’s make a splash by supporting our new DEI Committee with as many members as possible. We want to make the Family Law Section supportive of our racial and ethnic groups, specifically African Americans, Black Americans, Asian Americans, Pacific Islanders, Hispanic and Latinx individuals. In addition, we want to welcome our LGBTQ+ individuals. As mentioned by our chair, Jennifer Tharrington, in her previous blog post, this is an important new endeavor that the Family Law Section is diving into and hoping to make a splash.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00FamilyLawhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngFamilyLaw2024-08-27 12:18:102024-09-03 09:30:43Dive Into DEI
As you know, I’ve identified a major goal for my chair year as being the establishment of a DEI (Diversity, Equity, and Inclusion) committee within the Family Law Section. I’ve spoken with Ebony Bryant, who is the director of DEI for the NCBA, and she is excited to partner with us in this endeavor.
Diversity can mean different things to different people, but for this memo, I’ve defined it to encompass a demographic mix of a specific collection of people, taking into account elements of human difference, but focusing particularly on: racial and ethnic groups (including Asian Americans and Pacific Islanders, Hispanic and Latinx individuals, African Americans and Black Americans, and Native Americans), people with disabilities, and individuals who identify as LGBTQ+.
First and most importantly, thank you for giving me the opportunity to serve as Chair of the Family Law Section for the 2024-2025 bar year. I’m honored to be entrusted with this important work. This year, I’m looking forward to continuing down the roads that so many respected colleagues have paved before me, as well as trying some new things. I know that change is hard, and I’m grateful to each and every one of you for taking this ride with me.
So, in the vein of trying something new, I’m going to be vulnerable with you for a second, and just get right to it.
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Are you attending the Annual Family Law CLE this year in Asheville? Are you looking for something fun to do that Friday night? Are you interested in meeting other family law attorneys? Do you enjoy good conversation, laughs, and delicious food? Are you curious about who Jonathan McGirt really is?
Well, if you answered “yes” to any of these questions, I have the perfect suggestion for you. Join one of eleven Family Law Section members for the Family Law Annual Meeting Dine-Arounds! I know you are intrigued, so let me tell you more.
To expand networks, meet family law attorneys who practice across North Carolina and create new friendships, eleven family law attorneys are graciously hosting different dinners at several of the best restaurants in Asheville on May 3, 2024. There are eleven different hosts at eight different restaurants with dinner starting anywhere between 7:30 p.m. and 8:15 p.m. Read more
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A common challenge attorneys face in a military divorce is how the Frozen Benefit Rule (FBR) will affect pension division.[1] To avoid a call to the malpractice carrier, attorneys must understand the FBR, and when it does – and does not – apply to their case.
The Frozen Benefit Rule: Is Your Client In or Out?
Any military pension case either is “in” or “out” for the FBR. What does a lawyer need to know to determine this? There are two questions to answer:
Was the divorce entered before December 23, 2016?
Was the servicemember receiving retired pay on the date of divorce?
If the answer to both questions is “no,” then the rule applies. If the divorce was entered prior to that 2016 date, the rule does not apply. This is of course more and more unlikely as time marches on, making the second question more relevant for most lawyers. If Mr. Jones was receiving retired pay on the date of divorce, the rule does not apply pursuant to Chapter 29, Vol. 7B of the Department of Defense Financial Management Regulation (DoDFMR).
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How are you giving thanks? I recently attended the lunch that honored the 2023 Branch Professional Award winner, Brian Beverly. His speech was so inspiring, particularly when he spoke about the importance of pro bono service. He mentioned how pro bono does more for the person doing than receiving. Nothing is truer. “What do I get from doing pro bono?” I asked myself. It is a feeling that I have something that others want and need, which I can freely give away. As attorneys, our most valuable commodity is our time and knowledge. Is that worth giving away for free?
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