In re C.P., ___ N.C. App. ___, 801 S.E.2d 647 (2017)

Held: 
Affirmed

     The Due Process clause protects a parent’s paramount constitutional right to custody and control of his/her child. Before applying the best interests of the child standard when determining (at a permanency planning hearing) custody or guardianship to a non-parent, the court must find that the parent is unfit or has acted inconsistently with his/her constitutionally protected status. However, if a parent does not raise the right to that determination before the trial court, the parent waives the right to that determination.

Category:
Abuse, Neglect, Dependency
Stage:
Disposition (All Stages Post-Adjudication)
Topic:
Guardianship
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