Lawsuit:North Carolina Court of Appeals Grants Father the Right to Gain Custody

“The second case involves a father who learned of his daughter when she was 2 years old and had his paternity confirmed by DNA about six months later, when she was 3.

Although the man was aware of the mother’s pregnancy, the girl’s mother said on the birth certificate in January 2009 that her estranged husband was the father. A DNA test in 2010 found that this was not true.

After the man’s paternity was confirmed, he sought custody. He was denied visitation in July 2012.

In October 2012 in Harnett County, where he lived, the Harnett County Department of Social Services studied his home and recommended that the girl be placed with him. But the Cumberland County DSS in December 2012 sought to end his parental rights. The father asked to see her at Christmas but was denied, and later denied another visitation request.

In April 2014, Pone terminated the father’s rights, ruling that he had been neglectful, failed to correct the situation that put his daughter into foster care, failed to establish paternity, failed to pay a reasonable cost of her care and had abandoned her.

Pone also terminated the rights of the mother and the estranged husband to the girl and two older siblings because of child neglect. Foster parents were attempting to adopt the little girl.

The Court of Appeals said Pone’s rulings from 2012 to 2014 improperly ended efforts to reunite the girl with her father. Because of that error, Pone should not have terminated the man’s parental rights, the court said.

The case was sent back to Cumberland County for further proceedings. The father will have another chance to gain custody.”

Two local parental rights cases reversed by N.C. Court of Appeals[FayObserver  1/20/15 by Paul Woolverton]

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