Opinion

In Re APA

  • 59 N.C. App. 322
  • 296 S.E.2d 811
  • 1982 N.C. App. LEXIS 3123
Court
Court of Appeals of North Carolina
Filed
Nov 2, 1982
Status
Published
Author
Webb
On the bench
Hedrick, Hill, Webb
Cited by
46 cases

concluding that the trial court’s finding of abandonment was sufficiently supported where, “except for an abandoned attempt to negotiate visitation and support, [the] respondent made no other significant attempts to establish a relationship with [the child]”

How later courts described this case

  • concluding that the trial court’s finding of abandonment was sufficiently supported where, “except for an abandoned attempt to negotiate visitation and support, [the] respondent made no other significant attempts to establish a relationship with [the child]”
  • holding the trial court did not err in concluding the minor child was abandoned where the respondent-father “made no other significant attempts to establish a relationship with [the minor child] or obtain rights of visitation with [the -9- IN RE: C.H.B. Opinion of the Court minor child,]” “except for an abandoned attempt to negotiate visitation and support”
  • affirming an order terminating parental rights of the father based on abandonment where the court’s unchallenged findings provided that “except for an abandoned attempt to negotiate visitation and support, respondent ‘made no other significant attempts to establish a relationship with [the minor child] or obtain rights of visitation with [the minor child].’ ”
  • affirming termination where “except for an abandoned attempt to negotiate visitation and support, [the respondent-father] ‘made no other significant attempts to establish a relationship with [the child] or obtain rights of visitation with [the child]’ ”

Written by the judges who cited it.

The opinion

Judge WEBB

dissenting.

I dissent from the majority. The evidence shows the respondent and the petitioner were married but living apart at the time the child was born. They were later divorced and the petitioner was awarded custody of the child. The respondent was not ordered by the divorce decree or any other decree to provide support for the child. The respondent has always lived great distances from the child. On several occasions, the respondent has tried to make contact with the child, but such attempts have been unsuccessful. The respondent has never supported the child but on one occasion sent him a bicycle. The court made findings of fact based on this evidence.

I do not believe the evidence or findings of fact support a conclusion that the respondent has neglected the child so that his parental rights may be terminated. I vote to reverse.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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