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In re Mitchell

Supreme Court of North Carolina
Oct 1, 2002
356 N.C. 288 (N.C. 2002)

Opinion

No. 127A02

Filed 4 October 2002

Termination of Parental Rights — dispositional stage — best interests of children — proper determination

The decision of the Court of Appeals remanding a termination of parental rights case is reversed for the reasons stated in the dissenting opinion that the trial court did not place an improper burden on respondent in the dispositional stage to show that termination is not in the children's best interest and that the trial court did not fail to exercise its discretion in finding that termination would be in the best interests of the children.

Appeal pursuant to N.C.G.S. § 7A-30(2) from the decision of a divided panel of the Court of Appeals, 148 N.C. App. 483, 559 S.E.2d 237 (2002), affirming in part, reversing in part, and remanding orders entered 16 November 2000 by Pool, J., in District Court, Transylvania County. Heard in the Supreme Court 12 September 2002.

Womble Carlyle Sandridge Rice, P.L.L.C., by Stuart A. Brock, for appellant Guardian ad Litem. Charles W. McKeller for respondent-appellee Cynthia Chatman.


The decision of the Court of Appeals is reversed for the reasons stated in the dissenting opinion.

REVERSED.


Summaries of

In re Mitchell

Supreme Court of North Carolina
Oct 1, 2002
356 N.C. 288 (N.C. 2002)
Case details for

In re Mitchell

Case Details

Full title:IN THE MATTER OF: MITCHELL, M., a minor child, d.o.b. 12/24/94 — IN THE…

Court:Supreme Court of North Carolina

Date published: Oct 1, 2002

Citations

356 N.C. 288 (N.C. 2002)
570 S.E.2d 212

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