Paynich v. Vestal -Reported Decision
Here is the full opinion: appellate.ncco...
Buncombe County
Judge Andrea F. Dray
Heard on August 13, 2018 at trial
Heard in COA on October 1, 2019
Ruling from COA - Jan 7, 2020
Findings of Fact
Mom and Dad married for 15 years (had child in 2011 and separated year after)
1 daughter born 2011
Court found to be High Conflict Case
Parent Coordinator Ordered
Joint shared custody until Emergency CC Order 2014 - sole to Dad, supervised to mom
Parenting capacity evaluation ordered and expert appointed
2015 - CC Hearing
Dad fit
Mom unfit except for supervised, mental health eval, therapy 2xs per week
Both had equal access to med/dental/educ records
2016 - New CC Hearing
Defendant doing well with unsupervised, moved to unsupervised with PC/Counselor watching
2018 - New CC Hearing
“Mom’s behavior and child’s deterioration since 2016 order” are sub changes adversely affecting the child
Restructured Mom’s visits - some supervised, some unsupervised
Denied mom’s rights to school events & records
Mom Appeals
PRACTICE NOTES:
1. RULE: Ct may deprive a custodial parent of visitation:
a. A. Parent unfit, OR
b. Visitation rights are not in the best interests of the child
2. Supervised visitation is a severe restriction - effectively denying reasonable visitation - thus requires specific finding supporting that
*Behaviors
-aggression & defiance after visits
-soiling pants more often
-aggressive play
-Mom playing game where child touches her breast, laughs until wets herself
-Mom can’t follow boundaries:
a. vandalized Dad’s truck during exchange
b. Mom upset in car pick up line at school, in prescence of minor child
c. Scene in child’s classroom with her there & then conflicts at exchanges and following Dad home
d. Hid child with a friend from Dad at an exchange causing Dad to run between normal exchange location and a restaurant
e. Mom dropped child off at Dad’s house instead of exchange and child alone
f. She doesn’t understand her behavior
***All events happened since the date of Mom filing her motion
Findings support restricted visitations
Denial of ability to go to school events or see records
Differentiated from the Huml v. Huml (826 se2d 532 (NC Ct App 2019) where found Dad was dangerous and scary - “third party professionals trying to help family sufficiently concerned about their own safety”
-not in child’s best interests
-mom can have them
Affirmed supervised visitation
Reversed on counseling records