Entries by FamilyLaw

NC COA: In the Matter of E.M.

Juvenile Delinquency, COA 18-685, Jan. 15, 2019, In the Matter of E.M., Mecklenburg County Holding: The trial court must order a mental evaluation of a minor, and thus has no discretion, if evidence is presented that the juvenile is mentally ill or developmentally disabled during a juvenile hearing. 

NC COA: Modification Of Custody, Walsh v. Jones

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 […]

NC COA Case Summary: Domestic Violence Protective Order, Martin v. Martin

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 Video Podcast Series: Gray Divorce, Cohabitation and New Tax Laws

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, […]

NC COA Case Summary: Termination of Parental Rights, In re D.A.

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 […]

NC COA Case Summary: Equitable Distribution, Frady v. Frady

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 […]

NC COA Case Summary: In the Matter of J.M.K

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 […]