Brewer v. Brewer

533 S.E.2d 541, 139 N.C. App. 222, 2000 N.C. App. LEXIS 901
CourtCourt of Appeals of North Carolina
DecidedAugust 1, 2000
DocketCOA99-1042
StatusPublished
Cited by50 cases

This text of 533 S.E.2d 541 (Brewer v. Brewer) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brewer v. Brewer, 533 S.E.2d 541, 139 N.C. App. 222, 2000 N.C. App. LEXIS 901 (N.C. Ct. App. 2000).

Opinions

EAGLES, Chief Judge.

This case involves a custody dispute concerning two minor children who are four and six years of age respectively. The plaintiffs, David and Ree Brewer are the children’s paternal uncle and aunt. Defendants Richard Brewer and Sonja Alducin are the children’s estranged parents. Plaintiffs instituted this action in order to modify an earlier custody decree and obtain custody.

Defendants Brewer and Alducin lived together in the mid-1990’s in both North Carolina and Georgia. During their relationship, they had two children. Those children are at the center of this custody dispute. The record indicates that both defendants have a history of drug use and other criminal activity during that time. The record also shows that defendant Alducin worked as a topless dancer while living with defendant Brewer. In mid-1997, defendant Alducin was arrested in Georgia for a probation violation. After defendant Alducin’s arrest, [224]*224defendant Brewer took the children and moved back to North Carolina. In July of 1997, the defendants entered into a consent order granting defendant Brewer custody of the two minor children. The order granted defendant Alducin visitation rights and ordered her to pay $60.00 per week in child support.

Defendant Brewer kept the children until February of 1998. At that time, defendant Brewer decided that his work schedule prevented him from being able to care for the children properly. Accordingly, defendant Brewer unilaterally allowed the children to live with the plaintiffs.

On 14 October 1998, plaintiffs filed this action to obtain permanent legal custody of the children. The same day, 14 October 1998, the trial court granted the plaintiffs temporary custody in an ex parte order. In January of 1999, Alducin filed a motion to vacate the ex parte order and asked the court to grant custody of the children to her. On 2 July 1999 after a hearing, the trial court granted custody of the children to Alducin. In awarding her custody, the trial court relied heavily on Alducin’s life transformation. In its order, the trial court found that Alducin had a reckless lifestyle prior to the entry of the 1997 consent order.

15. That the Defendant, Sonja Kay Dukes Alducin, admits to having used marijuana with the Defendant Richard Edward Brewer, but denies any use of drugs at this time.
29. That the Defendant, Sonja Kay Dukes Alducin married at a very early age, fifteen. That she had a child Danielle, by her husband, Michael Dukes. That she had a child Siera, who was stillborn, during the course of her marriage to Michael Dukes. That they separated and that Michael Dukes voluntarily placed the minor child with his estranged wife, Defendant Alducin due to the fact that he believed that a young child should be with her mother. That there was an investigation by the Department of Family and Children’s Services in the State of Georgia concerning deprivation of the minor child, Danielle. That the paternal grandparents of the minor child, Danielle sued in Juvenile court in the state of Georgia for custody of the minor child, Danielle. That the minor child, Danielle was placed with the paternal grandparents. That efforts were made unsuccessfully by the Department of Family and Children’s Services in Georgia to reestablish (sic) of [225]*225the minor child, Danielle with the Defendant Alducin. That the minor child Danielle, was ultimately placed into the custody of Michael Dukes, who had married Christy. That Christy Dukes then sued for the adoption of the minor child, Danielle. That the Defendant, Sonja Kay Dukes Alducin, considering the situation felt like it was in the best interest of the minor child, Danielle to grow up in the home of Michael and Christy Dukes; and that she made the decision not to challenge the petition to terminate her parental rights or the petition to adopt and that Christy Dukes adopted the minor child Danielle.
30. That following the relationship and marriage to Michael Dukes, the Defendant, Sonja Kay Dukes Alducin, began living with the Defendant Richard E. Brewer, both in the State of Georgia and the State of North Carolina. That it was during this relationship that the two minor children, Kirstyn and Cainaan were bom.... That the Defendants were never married. That during this time, the Defendant Alducin took a job as a topless dancer in clubs in the states of Georgia and North Carolina. That the Defendant, Alducin, was arrested in the state of Georgia for a probation violation and that she had not paid her fine for an emissions violation in driving without an operator’s license. That the Defendant, Alducin, testified that she was placed in jail for fifteen days for the violation of her probation. During this time, the Defendant, Brewer took the minor children and moved back to North Carolina. That the Defendant, Alducin, entered into the consent order in Davidson County, North Carolina file number 97 CVD 1066 wherein she gave the Defendant, Brewer, custody of the minor children.

However, according to the trial court, Alducin matured and made positive lifestyle changes after the consent order.

5. That the Defendant, Sonja Kay Dukes Alducin, is now married to Paul Alducin and that it is more of a stable relationship giving both parents rights and responsibilities rather than a live-in situation.
31. That since the entry of the consent order, the Defendant Alducin has turned her life around. That the Defendant Alducin has impressed the court that she has turned her life around. That the Defendant, Alducin has met and married Paul Alducin. That [226]*226the Defendant, Alducin’s husband Paul has two associated degrees in the area of engineering and arts. That Paul Alducin has a job with Active Production and Design and is the Operations Manager. That Paul Alducin does lighting and sound for sporting events, concerts and political rallies. That Paul Alducin supervises nine employees and several dozen freelancers. That he and Defendant, Alducin, lived together prior to their marriage and they were married on September 5, 1998. That they had known each other for two years. That the Defendant, Alducin is currently working fifteen to twenty hours part time at Briarcliff Balloons, having been employed there for two months. That Briarcliff Balloons is a florist and decorations type business. That the Defendant, Alducin, had previously worked at Hyatt Regency in the valet car division but left that job in order to have time to visit her children in North Carolina.
33. That the Defendant, Alducin and her husband have two vehicles, a Jeep Cherokee and a Ford Tempo which are paid in full. That they live in a two bedroom condo that is paid in full. That they have no significant debts. That they have health insurance and can obtain health insurance on the minor children if they obtain custody. That they live in a gated community. That Defendant Alducin’s husband has a trust account that was set up by his father. That the Defendant, Alducin and her husband can draw upon the trust for additional income if necessary.
34. That the Defendant, Alducin, and her husband wish to place the minor children in private schools. That they do have a computer with Internet access in the home. That Paul Alducin’s family has a mountain home in Rabón County, Georgia that they visit on a regular basis, about every other weekend. That the mountain home has four bedrooms, four bathrooms and a full basement residence. That they have two dogs.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re: J.F.
Court of Appeals of North Carolina, 2026
Taylor v. Myers
Court of Appeals of North Carolina, 2026
Glover v. Trogdon
Court of Appeals of North Carolina, 2025
Sinnett v. Sinnett
Court of Appeals of North Carolina, 2025
Maness v. Kornegay
Court of Appeals of North Carolina, 2024
Tillman v. Jenkins
Court of Appeals of North Carolina, 2023
Fecteau v. Spierer
Court of Appeals of North Carolina, 2021
Chavez v. Wadlington
821 S.E.2d 289 (Court of Appeals of North Carolina, 2018)
Marsh v. Marsh
816 S.E.2d 529 (Court of Appeals of North Carolina, 2018)
Kanellos v. Kanellos
795 S.E.2d 225 (Court of Appeals of North Carolina, 2016)
Tankala v. Pithavadian
789 S.E.2d 31 (Court of Appeals of North Carolina, 2016)
Dancy v. Dancy
785 S.E.2d 126 (Court of Appeals of North Carolina, 2016)
Catawba County Ex Rel. Child Support Agency v. Loggins
784 S.E.2d 620 (Court of Appeals of North Carolina, 2016)
Tricebock v. Krentz
Court of Appeals of North Carolina, 2014
Moore v. Moore
Court of Appeals of North Carolina, 2014
Wellons v. White
748 S.E.2d 709 (Court of Appeals of North Carolina, 2013)
Woodring v. Woodring
745 S.E.2d 13 (Court of Appeals of North Carolina, 2013)
Sood v. Sood
732 S.E.2d 603 (Court of Appeals of North Carolina, 2012)
Maxwell v. Maxwell
713 S.E.2d 489 (Court of Appeals of North Carolina, 2011)
Peters v. Pennington
707 S.E.2d 724 (Court of Appeals of North Carolina, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
533 S.E.2d 541, 139 N.C. App. 222, 2000 N.C. App. LEXIS 901, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brewer-v-brewer-ncctapp-2000.