Evidence Cases
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Evidence

North Carolina Court of Appeals
Uncategorized

McArthur — Premarital townhome was mixed property but marital estate received all value

The published majority agreed the townhome was technically a mixed asset because the husband acquired ownership before marriage, but affirmed the distribution. The evidence attributed zero percent of the separation-date value to a proven separate component and 100 percent to the marital component. A partial dissent would have vacated for further classification and valuation.

North Carolina Court of Appeals
Uncategorized

In re L.A.G.O. — Trial judge could not investigate termination grounds

The published decision reversed every termination ground. Findings did not support neglect; the children had not been removed in the manner required for the reasonable-progress ground; and no case plan had been imposed. A judge’s memory and independent investigation were not evidence and compromised the neutral decisionmaker role.

North Carolina Court of Appeals
Uncategorized

In re E.R.B. — Willful abandonment supported termination

The published opinion affirmed. Clear, cogent, and convincing evidence supported willful abandonment, and the best-interest findings addressed adoption, permanence, the children’s bond with the aunt, and their lack of a significant bond with the mother. The guardian ad litem’s different recommendation was relevant but not controlling.

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