Petersen presumption (North Carolina) · Go Syfert
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Petersen presumption in North Carolina

19 North Carolina opinions name it 2 courts 1996–2024 3 in the last five years

The cases below were cited by North Carolina courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (11)

CaseFollowedCited
Jones v. Patiencegreen
ncctapp · 1996 · cited in 3 North Carolina opinions naming this issue, 2004–2006
2 sentences

2006See Jones v. Patience, 121 N.C.

2006See Jones v. Patience, 121 N.C.

33
Price v. Howardgreen
nc · 1997 · cited in 4 North Carolina opinions naming this issue, 1998–2024
2 sentences

2024The primary import of the “Petersen presumption” lies in its impact on the burden of proof to be applied in a custody dispute between a parent and a non-parent party: “So long as a parent has this paramount interest in the custody of his or her children, a custody dispute with a non[-]parent regarding those children may not be determined by the application of the ‘best interest of the child’ standard.” Boseman v. -9- Jarrell, 364 N.C. 537, 549 , 704 S.E.2d 494, 503 (2010) (citing Price v. Howard, 346 N.C. 68, 73 , 484 S.E.2d 528, 531 (1997)).

2024The primary import of the “Petersen presumption” lies in its impact on the burden of proof to be applied in a custody dispute between a parent and a non-parent party: “So long as a parent has this paramount interest in the custody of his or her children, a custody dispute with a non[-]parent regarding those children may not be determined by the application of the ‘best interest of the child’ standard.” Boseman v. -9- Jarrell, 364 N.C. 537, 549 , 704 S.E.2d 494, 503 (2010) (citing Price v. Howard, 346 N.C. 68, 73 , 484 S.E.2d 528, 531 (1997)).

24
Bivens v. COTTLE (WESTLAKE)green
ncctapp · 1995 · cited in 3 North Carolina opinions naming this issue, 2008–2021
2 sentences

2021In doing so, Intervenors essentially argue that the trial court failed to follow the precedent established in Bivens v. Cottle, 120 N.C. App. 467, 469 , 462 S.E.2d 829, 831 (1995), which held that the Petersen presumption in favor of a natural parent does not apply to a custody modification proceeding.

2021In doing so, Intervenors essentially argue that the trial court failed to follow the precedent established in Bivens v. Cottle, 120 N.C. App. 467, 469 , 462 S.E.2d 829, 831 (1995), which held that the Petersen presumption in favor of a natural parent does not apply to a custody modification proceeding.

23
Petersen v. Rogersgreen
nc · 1994 · cited in 3 North Carolina opinions naming this issue, 2018–2018
2 sentences

2018As support for this holding, Moore quoted Petersen v. Rogers , 337 N.C. 397 , 403-04, 445 S.E.2d 901 , 905 (1994), which established a constitutionally-based presumption favoring a parent in a custody dispute with a non-parent (the " Petersen presumption"). 4 But unlike Moore , Petersen involved a custody conflict between parents and non-parents. 337 N.C. at 399 , 445 S.E.2d at 902 .

2018As support for this holding, Moore quoted Petersen v. Rogers , 337 N.C. 397 , 403-04, 445 S.E.2d 901 , 905 (1994), which established a constitutionally-based presumption favoring a parent in a custody dispute with a non-parent (the " Petersen presumption"). 4 But unlike Moore , Petersen involved a custody conflict between parents and non-parents. 337 N.C. at 399 , 445 S.E.2d at 902 .

23
Lambert v. Riddickgreen
ncctapp · 1995 · cited in 2 North Carolina opinions naming this issue, 2021–2021
2 sentences

2021Bivens, 120 N.C. App. at 469 , 462 S.E.2d at 831 ; see also Lambert v. Riddick, 120 N.C. App. 480 , 482-83, 462 S.E.2d 835, 836 (1995).

2021Bivens, 120 N.C. App. at 469 , 462 S.E.2d at 831 ; see also Lambert v. Riddick, 120 N.C. App. 480 , 482-83, 462 S.E.2d 835, 836 (1995).

22
Owenby v. Younggreen
nc · 2003 · cited in 2 North Carolina opinions naming this issue, 2020–2020
2 sentences

2020In determining Owenby, we acknowledged the Petersen presumption and reaffirmed that “unless a natural parent’s conduct has been inconsistent with his or her constitutionally protected status, application of the ‘best interest of the child’ standard in a custody dispute with a nonparent offends the Due Process Clause of the United States Constitution.” Id. at 145 , 579 S.E.2d at 266-67 (citations omitted).

2020In determining Owenby, we acknowledged the Petersen presumption and reaffirmed that “unless a natural parent’s conduct has been inconsistent with his or her constitutionally protected status, application of the ‘best interest of the child’ standard in a custody dispute with a nonparent offends the Due Process Clause of the United States Constitution.” Id. at 145 , 579 S.E.2d at 266-67 (citations omitted).

22
Respess v. Respessgreen
ncctapp · 2014 · cited in 2 North Carolina opinions naming this issue, 2018–2018
2 sentences

2018App. at 626 , 754 S.E.2d at 701-02 (" Moore's holding that the Petersen presumption applies to a trial court's decision to deny visitation *453 rights to a non-custodial parent [in a dispute with the custodial parent] contradicts our Supreme Court's holding [in Owenby ] that Petersen is 'irrelevant' to a dispute between parents and that in such instances, the trial court must determine custody using the 'best interest of the child' test." (internal quotation marks, citation, and brackets omitted) ).

2018App. at 626 , 754 S.E.2d at 701-02 (" Moore's holding that the Petersen presumption applies to a trial court's decision to deny visitation *453 rights to a non-custodial parent [in a dispute with the custodial parent] contradicts our Supreme Court's holding [in Owenby ] that Petersen is 'irrelevant' to a dispute between parents and that in such instances, the trial court must determine custody using the 'best interest of the child' test." (internal quotation marks, citation, and brackets omitted) ).

22
Brewer v. Brewergreen
ncctapp · 2000 · cited in 2 North Carolina opinions naming this issue, 2008–2018
2 sentences

2018In light of the circumstances before it, the Court held: a natural parent should maintain her " Petersen presumption against a non-parent where the parent had voluntarily relinquished custody to the other parent, had never voluntarily or involuntarily relinquished custody to a non-parent, had never been adjudged unfit, and had never acted in a manner inconsistent with her protected parental status." Id. at 232, 533 S.E.2d at 548 .

2018App. 222 , 232, 533 S.E.2d 541 , 549 (2000) ("[A] parent who voluntarily gave custody to the other parent and has never been adjudged unfit does not lose [their] Petersen presumption against a non-parent third party so long as the non-parent third party does not have court-ordered custody.").

22
Matter of Baby Boy Dixongreen
ncctapp · 1993 · cited in 2 North Carolina opinions naming this issue, 2010–2010
2 sentences

2010See Dixon, 112 N.C.

2010See Dixon, 112 N.C.

22
Matter of Helmsgreen
ncctapp · 1997 · cited in 2 North Carolina opinions naming this issue, 2004–2004
2 sentences

2004See id.

2004See id.

22
Boseman v. Jarrellgreen
nc · 2010 · cited in 1 North Carolina opinions naming this issue, 2024–2024
2 sentences

2024The primary import of the “Petersen presumption” lies in its impact on the burden of proof to be applied in a custody dispute between a parent and a non-parent party: “So long as a parent has this paramount interest in the custody of his or her children, a custody dispute with a non[-]parent regarding those children may not be determined by the application of the ‘best interest of the child’ standard.” Boseman v. -9- Jarrell, 364 N.C. 537, 549 , 704 S.E.2d 494, 503 (2010) (citing Price v. Howard, 346 N.C. 68, 73 , 484 S.E.2d 528, 531 (1997)).

2024The primary import of the “Petersen presumption” lies in its impact on the burden of proof to be applied in a custody dispute between a parent and a non-parent party: “So long as a parent has this paramount interest in the custody of his or her children, a custody dispute with a non[-]parent regarding those children may not be determined by the application of the ‘best interest of the child’ standard.” Boseman v. -9- Jarrell, 364 N.C. 537, 549 , 704 S.E.2d 494, 503 (2010) (citing Price v. Howard, 346 N.C. 68, 73 , 484 S.E.2d 528, 531 (1997)).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in North Carolina. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Routten v. Routten green
ncctapp · 2018
2 sentences

2020As to the second issue which we consider upon this review, the lower appellate court’s majority vacated the portion of the trial court’s conclusion of law stating that “[p]laintiff may permit custodial time between the children and [d]efendant within his sole discretion, taking into account the recommendations of [the parties’ daughter’s] counselor as to frequency, location, duration, and any other restrictions deemed appropriate by the counselor for permitting visitation between [the parties’ daughter] and [defendant].” See Routten, 262 N.C. App at, 443-44, 822 S.E.2d at 442 .

2020As to the second issue which we consider upon this review, the lower appellate court’s majority vacated the portion of the trial court’s conclusion of law stating that “[p]laintiff may permit custodial time between the children and [d]efendant within his sole discretion, taking into account the recommendations of [the parties’ daughter’s] counselor as to frequency, location, duration, and any other restrictions deemed appropriate by the counselor for permitting visitation between [the parties’ daughter] and [defendant].” See Routten, 262 N.C. App at, 443-44, 822 S.E.2d at 442 .

22020–2020
Stanley v. Illinois green
scotus · 1972
2 sentences

2018As support for this holding, Moore quoted Petersen v. Rogers, 337 N.C. 397, 403-04 , 445 S.E.2d 901, 905 (1994), which established a constitutionally-based presumption favoring a parent in a custody dispute with a non-parent (the “Petersen presumption”).4 But unlike Moore, Petersen involved a custody conflict between parents and non-parents. 337 N.C. at 4 Petersen quoted the holding in Stanley v. Illinois, 405 U.S. 645 , 31 L.Ed.2d 551 (1972), that “ ‘[i]t is cardinal with us that the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include

2018As support for this holding, Moore quoted Petersen v. Rogers, 337 N.C. 397, 403-04 , 445 S.E.2d 901, 905 (1994), which established a constitutionally-based presumption favoring a parent in a custody dispute with a non-parent (the “Petersen presumption”).4 But unlike Moore, Petersen involved a custody conflict between parents and non-parents. 337 N.C. at 4 Petersen quoted the holding in Stanley v. Illinois, 405 U.S. 645 , 31 L.Ed.2d 551 (1972), that “ ‘[i]t is cardinal with us that the custody, care and nurture of the child reside first in the parents, whose primary function and freedom include

22018–2018
Adams v. Tessener green
nc · 2001
2 sentences

2014Moore’s holding that the Petersen presumption applies to a trial court’s decision to deny visitation rights to a non-custodial parent contradicts our Supreme Court’s holding that Petersen is “irrelevant” to a dispute between parents and that “[i]n such instances, the trial court must determine custody using the ‘best interest of the child’ test.” Id.

2014Moore’s holding that the Petersen presumption applies to a trial court’s decision to deny visitation rights to a non-custodial parent contradicts our Supreme Court’s holding that Petersen is “irrelevant” to a dispute between parents and that “[i]n such instances, the trial court must determine custody using the ‘best interest of the child’ test.” Id.

12014–2014
Phelps v. Phelps green
nc · 1994
2 sentences

1996Accordingly, the trial court did not err by applying the “best interests of the child” standard, see Phelps v. Phelps, 337 N.C. 344, 354 , 446 S.E.2d 17, 23 , reh’g denied, 337 N.C. 807 , 449 S.E.2d 750 (1994), and awarding visitation to the plaintiff.

1996Accordingly, the trial court did not err by applying the “best interests of the child” standard, see Phelps v. Phelps, 337 N.C. 344, 354 , 446 S.E.2d 17, 23 , reh’g denied, 337 N.C. 807 , 449 S.E.2d 750 (1994), and awarding visitation to the plaintiff.

11996–1996
Phelps v. Phelps green
nc · 1994
2 sentences

1996Accordingly, the trial court did not err by applying the “best interests of the child” standard, see Phelps v. Phelps, 337 N.C. 344, 354 , 446 S.E.2d 17, 23 , reh’g denied, 337 N.C. 807 , 449 S.E.2d 750 (1994), and awarding visitation to the plaintiff.

1996Accordingly, the trial court did not err by applying the “best interests of the child” standard, see Phelps v. Phelps, 337 N.C. 344, 354 , 446 S.E.2d 17, 23 , reh’g denied, 337 N.C. 807 , 449 S.E.2d 750 (1994), and awarding visitation to the plaintiff.

11996–1996

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 50-13.2 (8) NC § N.C. Gen. Stat. § 50-13.1 (6) NC § N.C. Gen. Stat. § 50-13.5 (6) NC § N.C. Gen. Stat. § 1A-1 (5) NC § N.C. Gen. Stat. § 50-13.7 (4) NC § N.C. Gen. Stat. § 7A-27 (4) NC § N.C. Gen. Stat. § 50-13.4 (3) NC § N.C. Gen. Stat. § 7B-1111 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NC 19 (1996–2024) WA 6 (1976–2023) UT 4 (1949–2017) SD 4 (1994–2018) CA 3 (1967–2020) MT 2 (2011–2012) MI 2 (2011–2014) IL 2 (1978–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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