Case Details
- Judge(s)
- Lake
- Status
- Published
- Procedural Posture
- trial verdict
Related Laws
No specific laws identified for this ruling.
Excerpt
Child Support, Custody, and Visitation — custody — fitness of parent — waiver of constitutionally protected status as natural parent The trial court's finding that defendant biological father is a fit and proper person to care for his minor child did not preclude it from making the conclusion of law that defendant waived his constitutionally protected status as a natural parent based upon his conduct of abandonment and neglect, thus allowing the trial court to grant joint or paramount custody to plaintiff paternal grandparents, because a natural parent may lose his constitutionally protected right to the control of his children by a finding of unfitness of the natural parent or where the natural parent's conduct is inconsistent with his or her constitutionally protected status. However, the trial court failed to apply the clear and convincing evidence standard as set forth in Adams v. Tessener, 354 N.C. 57 (2001), and the case is remanded for findings of fact consistent with this standard of evidence.
What This Ruling Means
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