Paternal Grandparents, Trina and Scotty Thomas, brought an action for custody seeking to gain custody of their granddaughter in March of 2019. They filed against their daughter in-law/Mom, Kimberly Oxendine, and their son.  They alleged Mom's new husband was treating their granddaughter abusively and, as a result, granddaughter was suffering mentally and physically.  The case proceeded to hearing on the merits and Grandparents prevailed.  The NC Court of Appeals upheld the trial court the matter of Thomas v Oxendine, 2021-NCCOA-661.

The opinion is rather straightforward and the Grandparent's case was set up nicely by Charlotte Attorney Kathleen Arundell Jackson to survive a Motion to Dismiss and to prevail at the merits hearing.  Grandparents proved that Mom was aware of her husband's harsh and abusive treatment of her daughter. Mom claimed that she was unable to leave the relationship due to husband's refusal to let her leave with their new baby.  As a result, her child was subjected to verbal and physical abuse on a constant basis and consequently developed severe emotional and physical problems.  The Court ruled that

"(The) unchallenged findings show that Mother failed to protect (her child) from (Husband's) abusive behavior and inappropriate discipline. This failure alone is conduct inconsistent with Mother’s protected status as a parent. See Sharp, 124 N.C. App. at 361, 477 S.E.2d at 260 (allegations in complaint sufficient to survive motion to dismiss where grandparents alleged that parent’s actions put her children at a “substantial risk of harm”); Grindstaff, 152 N.C. App. at 293, 567 S.E.2d at 432 (allegations in complaint sufficient to survive motion to dismiss where grandmother alleged parents had “not shown they are capable of meeting the needs of the children for care and supervision”). The unchallenged findings also show that, by her volitional acts, Mother “relinquish[ed] otherwise exclusive parental authority to” Grandparents. See Rodriguez, 211 N.C. App. at 277, 710 S.E.2d at 242 (quotation marks and citation omitted). Such voluntary relinquishment is the “gravamen” of inconsistent conduct. Id.

Was mom trapped in her relationship?  What other options were available to her?  Most importantly--- where was Dad?

Guy Vitetta

Charleston SC