Topic: absent a finding that parents (i) are unfit or (ii) have ne… · Go Syfert
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Topic #16748

4 canonical passages across 3 cases, quoted by 24 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Petersen v. Rogers.

#Case FlagCanonical passage Citers
1 Petersen v. Rogers Anchor
nc · 1994
green “absent a finding that parents (i) are unfit or (ii) have neglected the welfare of their children, the constitutionally-protected paramount right of parents to custody, care, and control of their children must prevail.” 11
2 Boseman v. Jarrell
nc · 2010
green “if a parent cedes paramount decision-making authority, then, so long as he or she creates no expectation that the arrangement is for only a temporary period, that parent has acted inconsistently with his or her paramount parental status.” 7
3 Petersen v. Rogers
nc · 1994
green “we hold that absent a finding that parents (i) are unfit or (ii) have neglected the welfare of their children, the constitutionally-protected paramount right of parents to custody, care, and control of their children must prevail.” 4
4 Estroff v. Chatterjee
ncctapp · 2008
green “in answering this question, it is appropriate to consider the legal parent's intentions regarding the relationship between his or her child and the third party during the time that relationship was being formed and perpetuated.” 2

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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