Wednesday, June 4, 2014

North Carolina: Appeals Court Holds that Father Maintain Custody - BY: CONNIE L.

Link for opinion: http://www.lexisnexis.com.proxy.msbcollege.edu/hottopics/lnacademic/ Title: North Carolina: Appeals Court Holds that Father Maintain Custody, Grandparents Are Allowed Unsupervised Visitation and Mother Maintain Supervised Visitations. The North Carolina Court of Appeals held in FRANCES LEANN WELLONS, Plainbtiff v. WILLIAM ZACHARY WHITE, defendant, v. JOHN F. WELLONS, nd wife, BOBBIE B. WELLONS, Intervenors, 748 S.E2d 709 (N.C. App. 2013) that the mother and grandparents of the child should not be allowed visitation or custody because of an unstable home and dangerous conditions. Mr. White married Ms. Wellons in July of 2003. Mr. White served in the Marine Corps as a Lance Corporal. On April 4 2005 the couple had a son. In June of 2005 Ms. Wellons moved to live with her parents in New Hanover County from Alamance County in N.C. On December 13, 2005 Mr. White and Ms. Wellons divorced. Mr White’s mother acted as his attorney-in-fact for the divorce proceedings because Mr. White was serving in Iraq. After the divorce the child continued to live with Ms. Wellons at the Grandparents’ home in New Hanover County. The mother, paternal grandmother and paternal grandfather petitioned for custody or visitation. The mother had initial custody and lived with her parents until the father retired from the military and lived back in North Carolina and was no longer living on a base. The mother was involuntarily admitted to a mental health facility because of mental health issues and drug addictions. The mother had been diagnosed with several mental health conditions as well as testing positive for marijuana and heroin at different times. At that time the father petitioned the court for full and sole custody of the minor child. Custody was awarded to the father and the mother and paternal grandparents were not allowed visitation. The maternal grandparents were granted visitation with the stipulation that the mother not be allowed to see the child.

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