In re L.G.A., ___ N.C. App. ___ (April 20, 2021)

Held: 
Affirmed in Part
Vacated and Remanded in Part
  • Facts: The juvenile was adjudicated neglected due to domestic violence between the parents and the case continued through dispositional hearings. In 2019, father filed a motion for review seeking custody of the juvenile, alleging positive changes to his situation. The court awarded full legal and physical custody of the juvenile to father and provided supervised visitation to mother upon her release from jail. Mother appealed. One issue challenges the court’s order of supervised visitation with addressing mother’s ability to pay those costs.
  • Standard of review of a visitation order is an abuse of discretion.
  • The court must make findings of mother’s presentability to pay for supervised visitation. Here mother was incarcerated at the time of the hearing. The court ordered that mother will have supervised visits upon her release and that based on mother’s past employment (prior to incarceration) she had an ability to pay. There was no evidence as to what mother’s financial circumstances would be after her release. The court must also make findings about the costs of the supervised visitation.
Category:
Abuse, Neglect, Dependency
Stage:
Visitation
Topic:
Findings
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