Articles Posted in Child Custody

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.

Continue reading

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.

Continue reading

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.

The North Carolina Court of Appeals recently decided a case relating to a motion to modify child custody custody in Cherry v. Thomas. The Mother’s child custody lawyer filed a motion to modify child custody. The trial court denied Mother’s motion to modify custody. The trial court held that there had been a substantial change in circumstances. However, it further held that Mother did not meet her burden of showing that the substantial change in circumstances actually affected the welfare of the minor child. The primary alleged substantial change related to the parents work schedules, they were North Carolina law enforcement officers. First they worked opposite shifts and days – the nonworking parent kept the minor child. Eventually, the work schedules changed to where both parents Monday through Friday during regular business hours. The Court of Appeals upheld the trial court’s ruling.