Father claim (North Carolina) · Go Syfert
← North Carolina issues

Father claim in North Carolina

18 North Carolina opinions name it 1 courts 2002–2025 8 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 (7)

CaseFollowedCited
In Re Younggreen
nc · 1997 · cited in 2 North Carolina opinions naming this issue, 2023–2023
2 sentences

2023Our Supreme Court has held: “Abandonment implies conduct on the part of the parent which manifests a willful determination to forego all parental duties and relinquish all parental claims to the child.” In re Young, 346 N.C. 244, 251 , 485 S.E.2d 612, 617 (1997) (quoting In re Adoption of Searle, 82 N.C.

2023Our Supreme Court has held: “Abandonment implies conduct on the part of the parent which manifests a willful determination to forego all parental duties and relinquish all parental claims to the child.” In re Young, 346 N.C. 244, 251 , 485 S.E.2d 612, 617 (1997) (quoting In re Adoption of Searle, 82 N.C.

22
Head v. Mosiergreen
ncctapp · 2009 · cited in 2 North Carolina opinions naming this issue, 2022–2022
2 sentences

2022See generally Head, 197 N.C.

2022See generally Head, 197 N.C.

22
In Re TKgreen
ncctapp · 2005 · cited in 2 North Carolina opinions naming this issue, 2018–2018
2 sentences

2018The dissent in In re T.K. asserted—as the majority holds here—that a trial court’s order awarding visitation to the father was in error because, pursuant to Moore, the trial court did not make findings that the mother’s “conduct was inconsistent with her protected status as a parent,” or, by clear and convincing evidence, that the mother was “unfit as a parent.” Id. at 44, 613 S.E.2d at 744 (Tyson, J., dissenting).

2018The dissent in In re T.K. asserted-as the majority holds here-that a trial court's order awarding visitation to the father was in error because, pursuant to Moore , the trial court did not make findings that the mother's "conduct was inconsistent with her protected status as a parent," or, by clear and convincing evidence, that the mother was "unfit as a parent." Id. at 44, 613 S.E.2d at 744 (Tyson, J., dissenting).

22
Plott v. Plottgreen
nc · 1985 · cited in 1 North Carolina opinions naming this issue, 2025–2025
2 sentences

2025See Plott, 313 N.C. at 69 , 326 S.E.2d at 867 . d.

2025See Plott, 313 N.C. at 69 , 326 S.E.2d at 867 . d.

11
Scheerer v. Fishergreen
ncctapp · 2010 · cited in 1 North Carolina opinions naming this issue, 2024–2024
2 sentences

2024Thus, upon de novo review, the trial court did not err by dismissing Father’s claim for tortious interference with parental rights under Rule 12(b)(6) because “the complaint on its face reveals that no law supports the plaintiff’s claim[.]” Scheerer v. Fisher, 202 N.C.

2024App. 99, 102 , 688 S.E.2d 472, 474 (2010) (quoting Wood v. Guilford Cty., 355 N.C. 161, 166 , 558 S.E.2d 490, 494 (2002)).

11
Wood v. Guilford Countygreen
nc · 2002 · cited in 1 North Carolina opinions naming this issue, 2024–2024
2 sentences

2024App. 99, 102 , 688 S.E.2d 472, 474 (2010) (quoting Wood v. Guilford Cty., 355 N.C. 161, 166 , 558 S.E.2d 490, 494 (2002)).

2024App. 99, 102 , 688 S.E.2d 472, 474 (2010) (quoting Wood v. Guilford Cty., 355 N.C. 161, 166 , 558 S.E.2d 490, 494 (2002)).

11
Byrd v. Byrdgreen
ncctapp · 1983 · cited in 1 North Carolina opinions naming this issue, 2018–2018
1 sentence

2018See generally id.

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 (9)

CaseCitedYears
In Re Adoption of Searle green
ncctapp · 1986
2 sentences

2023Our Supreme Court has held: “Abandonment implies conduct on the part of the parent which manifests a willful determination to forego all parental duties and relinquish all parental claims to the child.” In re Young, 346 N.C. 244, 251 , 485 S.E.2d 612, 617 (1997) (quoting In re Adoption of Searle, 82 N.C.

2023Our Supreme Court has held: “Abandonment implies conduct on the part of the parent which manifests a willful determination to forego all parental duties and relinquish all parental claims to the child.” In re Young, 346 N.C. 244, 251 , 485 S.E.2d 612, 617 (1997) (quoting In re Adoption of Searle, 82 N.C.

22023–2023
Kolczak v. Johnson green
ncctapp · 2018
2 sentences

2021Id.

2021Id.

22021–2021
Matter of Murphy green
ncctapp · 1992
2 sentences

2006The Court found the governmental interest equal to that of the parent because transporting the father to the hearing from his place of incarceration "would have worked more than a mere financial burden on the State." 105 N.C.App. at 655 , 414 S.E.2d at 398 .

2006The Court found the governmental interest equal to that of the parent because transporting the father to the hearing from his place of incarceration "would have worked more than a mere financial burden on the State." 105 N.C.App. at 655 , 414 S.E.2d at 398 .

22006–2006
Caswell Realty Associates I, L.P. v. Andrews Co. green
ncctapp · 1996
1 sentence

2019Id.

12019–2019
Newberne v. DEPT. OF CRIME CONTROL green
nc · 2005
2 sentences

2019Mother denies this, but the Permanent Custody Order's findings indicate otherwise, and our review is limited to determining whether Father's motion was "sufficient to state a claim upon which relief may be granted under some legal theory." Newberne , 359 N.C. at 784 , 618 S.E.2d at 203 .

2019Mother denies this, but the Permanent Custody Order's findings indicate otherwise, and our review is limited to determining whether Father's motion was "sufficient to state a claim upon which relief may be granted under some legal theory." Newberne , 359 N.C. at 784 , 618 S.E.2d at 203 .

12019–2019
Samost v. Duke University neutral
nc · 2013
1 sentence

2019Id. *589 Here, Wife's "motion to deny" simply denied the allegations of Father's motion and alleged that there had been no substantial change of circumstances since entry of the Permanent Custody Order.

12019–2019
In Re Stumbo green
nc · 2003
2 sentences

2015In re Stumbo, 357 N.C. 279 , 283, 582 S.E.2d 255 (2003).

2015In re Stumbo, 357 N.C. 279 , 283, 582 S.E.2d 255 (2003).

12015–2015
In Re McLean green
ncctapp · 1999
1 sentence

2007"Where the trial court sits without a jury and hears the evidence in an abuse and neglect adjudication, the facts found by the trial court are binding on an appellate court if supported by clear and convincing competent evidence." In re McLean, 135 N.C.

12007–2007
Johnson v. Johnson green
nc · 1996
2 sentences

2002I agree with the majority that Johnson v. Johnson, 343 N.C. 114 , 468 S.E.2d 59 (1996) (per curiam) does not hold a putative father is precluded from "challenging the presumption of legitimacy which attaches when a child is born during a marriage union," but write separately to address the statutory basis for allowing the putative father to challenge this presumption.

2002I agree with the majority that Johnson v. Johnson, 343 N.C. 114 , 468 S.E.2d 59 (1996) (per curiam) does not hold a putative father is precluded from "challenging the presumption of legitimacy which attaches when a child is born during a marriage union," but write separately to address the statutory basis for allowing the putative father to challenge this presumption.

12002–2002

Statutes the citing opinions construe

NC § N.C. Gen. Stat. § 1A-1 (9) NC § N.C. Gen. Stat. § 50-13.7 (4) NC § N.C. Gen. Stat. § 7B-101 (4) NC § N.C. Gen. Stat. § 7B-1109 (4) NC § N.C. Gen. Stat. § 50-13.1 (3) NC § N.C. Gen. Stat. § 50-13.2 (3) NC § N.C. Gen. Stat. § 50-13.4 (3) NC § N.C. Gen. Stat. § 7A-27 (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

PA 387 (1868–2026) CA 149 (1924–2026) IN 141 (1925–2026) TX 123 (1972–2026) MO 122 (1919–2025) OH 110 (1905–2026) AZ 86 (2011–2026) NY 64 (1924–2026) TN 52 (1980–2026) UT 46 (1987–2026) OK 39 (1985–2026) IA 34 (2009–2026) NM 30 (1993–2024) WY 28 (2000–2025) AL 24 (1966–2025) VA 21 (1985–2025) SC 21 (1936–2025) NC 18 (2002–2025) FL 18 (1957–2025) GA 18 (1911–2025) WV 17 (1895–2026) MA 16 (1947–2026) HI 13 (1970–2026) IL 13 (1956–2026) ME 12 (1830–2022) KS 11 (1995–2025) MD 10 (2006–2025) KY 10 (2011–2026) DE 7 (2015–2024) MT 7 (2017–2025) CO 7 (2011–2025) ID 6 (1961–2022) VT 6 (1911–2024) OR 6 (1971–2017) WA 6 (1984–2023) LA 6 (1981–2022) MS 5 (1994–2009) MI 5 (1988–2015) SD 4 (1993–2024) MN 4 (1915–2003) CT 3 (2009–2021) NE 2 (1985–2020) DC 2 (1990–2013) NH 2 (1989–2021) WI 2 (1939–1992)

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.

← Caselaw search · G Cite Topics · Brief Check