Can teenagers control a parenting plan?
A fundamental principle of custody law is that a judge makes custody rulings, and these rulings cannot be delegated to third parties. But didn't this just happen in Carballo v Carballo?
On May 7, 2024 the North Carolina court of appeals affirmed Judge Tracy H. Hewett's ruling in Mecklenburg County District Court in the Carballo matter. Representing the Mother was Robinson & Lawing, LLP, by Christopher M. Watford, and Father was represented by Dozier Miller Law Group, by Allison P. Holstein, Kelly A. Nash, and James R. Pennacchia.
After a 19 year marriage, the Carballo's separated and divorced in 2018 and a joint custody parenting plan was ordered. The children were 15, 12 and 9 at the time. Almost exactly 2 years later Dad filed a emergency action to modify custody and a request for ex-parte relief.
After trial, the court granted Dad sole custody with Mom's visitation "...at the discretion of the children and their therapists’ recommendations."
Only a family court judge can make a ruling determining custody and visitation. But does it not appear that Judge Hewett is giving control of the parenting plan to the kids and their therapists. The court of appeals affirms because they find that Judge Hewett does not grant a 3rd party control over a visitation and custody schedule, she simply suspends visitation, as per NC law, as she finds visitation is not in the best interests of the children. If the kids want to see Dad, it's up the kids and their therapists.
Six of those, half dozen of the other? Semantics?
We are dealing with teenagers, after all, so I get the point!!
Guy Vitetta
Charleston, South Carolina