In re H.S.F., No. COA06-1608.
| Docket Nº | No. COA06-1608. |
| Citation | 645 S.E.2d 383 |
| Case Date | April 17, 2007 |
| Court | Court of Appeal of North Carolina (US) |
Appeal by respondent mother from order entered 14 September 2006 by Judge Anna F. Foster in Cleveland County District Court. Heard in the Court of Appeals 26 March 2007.
Charles E. Wilson, Jr., Shelby, for petitioner-appellee Cleveland County Department of Social Services.
Hall & Hall Attorneys at Law, PC, by Susan P. Hall, Morganton, for respondent-appellant.
Rebekah W. Davis, Raleigh, for respondent father-appellee.
TYSON, Judge.
C.B. ("respondent") appeals from order entered awarding legal custody of her minor child, H.S.F., to the child's father, J.F., and shared physical custody of H.S.F. between J.F. and her maternal grandfather, T.A. We affirm.
This is the third appeal concerning this minor child. On 14 July 1990, respondent and J.F. were married. H.S.F. was born on 19 January 1993. Respondent and J.F. divorced and respondent later remarried. After her parent's divorce, H.S.F. resided primarily with respondent. H.S.F. and J.F. have maintained in contact with each other.
On 28 January 2004, the Cleveland County Department of Social Services ("DSS") filed a petition that alleged H.S.F. was a neglected juvenile because she lived in an injurious environment with respondent. DSS asserted
respondent's home was an injurious environment due to domestic violence that had occurred between respondent and her second husband, H.S.F.'s stepfather.
On 28 January 2004 and 4 February 2004, the trial court entered non-secure custody orders. H.S.F. was placed into DSS's non-secure custody, who placed her with J.F. and her paternal grandmother. On 16 April 2004, J.F. filed a motion in the cause for legal and physical custody of H.S.F.
On 9 April 2004, after an adjudication and dispositional hearing, the trial court concluded: (1) joint legal custody of H.S.F. was placed with respondent and J.F.; (2) primary physical custody was placed with J.F.; and (3) DSS's custody was terminated. Respondent appealed to this Court after the resulting order was filed on 14 May 2004. On 21 February 2006, this Court affirmed the trial court's order. See In re H.S.F., 176 N.C.App. 189, 625 S.E.2d 916 (2006) (Unpublished), disc. rev. denied, 360 N.C. 534, 633 S.E.2d 817 (2006).
In September 2004, a review hearing was conducted and the trial court ordered continued joint legal custody of H.S.F. with respondent and J.F., but changed primary physical custody from J.F. to respondent. The trial court also ordered "physical placement" of H.S.F. with her maternal grandfather, T.A. J.F. appealed to this Court. On 18 April 2006, this Court reversed the trial court's order and remanded the case to the trial court for further proceedings. See In re H.S.F., 177 N.C.App. 193, 628 S.E.2d 416 (2006).
Upon remand on 11 July 2006, the trial court entered a review order that required an update from all parties on H.S.F.'s status. On 6 September 2006, a review hearing was conducted.
The trial court made extensive findings of fact and concluded it was in H.S.F.'s best interest that legal custody be placed with J.F. and physical custody be shared jointly between J.F. and T.A., with H.S.F.'s primary residence placed with T.A. Secondary custody was placed with J.F. in the form of visitation. The trial court also decreed that: (1) "the jurisdiction of this court is expressly terminated as to this action, pursuant to N.C.G.S. 7B-201 and 7B-911; and (2) "[pursuant] to N.C.G.S. 7B-911, the Clerk of Court shall open a Chapter 50 file under the following caption: [J.F.], Plaintiff vs. [Respondent], Defendant and [T.A.], Defendant." Respondent appeals from this order.
On 6 September 2006, the trial court initiated a Chapter 50 civil custody action. The resulting civil custody order was entered on 31 October 2006. Neither respondent nor J.F. appealed from this order.
Respondent argues: (1) the trial court's findings of fact failed to support its conclusion of law that it is in H.S.F.'s best interest that legal custody be granted to J.F. and (2) the trial court violated N.C. Gen.Stat. § 7B-911(c).
Respondent argues the trial court's findings of fact do not support its conclusion of law that it is in H.S.F.'s best interest to grant legal custody to J.F. We disagree.
"[F]indings of fact made by the trial court . . . are conclusive on appeal if there is evidence to support them." Hunt v. Hunt, 85 N.C.App. 484, 488, 355 S.E.2d 519, 521 (1987). "Where no exception is taken to a finding...
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...For purposes of appellate review, findings of fact to which no exception is taken are binding. In re H.S.F. , 182 N.C. App. 739, 742, 645 S.E.2d 383, 384 (2007) (citing Koufman v. Koufman , 330 N.C. 93, 97, 408 S.E.2d 729, 731 (1991) ). Furthermore, "erroneous findings unnecessary to the de......
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...S.E.2d 42 (2004). Findings not specifically contested by Father are treated as binding on appeal. In re H.S.F., 182 N.C. App. 739, 742, 645 S.E.2d 383, 384 (2007). Furthermore, "erroneous findings unnecessary to the determination do not constitute reversible error" where the trial court's r......
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In The Matter Of: N.R.B., No. 08 JT 150
...of fact made by the trial court... are conclusive on appeal if there is evidence to support them.'" In re H.S.F., 182 N.C. App. 739, 742, 645 S.E.2d 383, 384 (2007) (quoting Hunt v. Hunt, 85 N.C. App. 484, 488, 355 S.E.2d 519, 521 (1987)).III. Adjudication of Grounds for Termination In her ......
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...of fact made by the trial court ... are conclusive on appeal if there is evidence to support them.” In re H.S.F.,182 N.C.App. 739, 742, 645 S.E.2d 383, 384 (2007) (citation and internal quotation marks omitted).Grounds exist to terminate parental rights when the parent has neglected the juv......
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In re J.T.C., COA19-252
...For purposes of appellate review, findings of fact to which no exception is taken are binding. In re H.S.F. , 182 N.C. App. 739, 742, 645 S.E.2d 383, 384 (2007) (citing Koufman v. Koufman , 330 N.C. 93, 97, 408 S.E.2d 729, 731 (1991) ). Furthermore, "erroneous findings unnecessary to the de......
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In re K.R.T., COA17-587
...S.E.2d 42 (2004). Findings not specifically contested by Father are treated as binding on appeal. In re H.S.F., 182 N.C. App. 739, 742, 645 S.E.2d 383, 384 (2007). Furthermore, "erroneous findings unnecessary to the determination do not constitute reversible error" where the trial court's r......
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In The Matter Of: N.R.B., 08 JT 150
...of fact made by the trial court... are conclusive on appeal if there is evidence to support them.'" In re H.S.F., 182 N.C. App. 739, 742, 645 S.E.2d 383, 384 (2007) (quoting Hunt v. Hunt, 85 N.C. App. 484, 488, 355 S.E.2d 519, 521 (1987)).III. Adjudication of Grounds for Termination In her ......
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...findings of fact are presumed to be supported by the evidence and are binding on appeal. In re H.S.F. , 182 N.C. App. 739, 742, 645 S.E.2d 383, 384 (2007). "Further, where the trial court finds multiple grounds on which to base a termination of parental rights, and ‘an appellate court deter......