In re M.M., ___ N.C. App. ___, 795 S.E.2d 222 (2016)

Held: 
Remanded
Vacated in Part
  • G.S. 7B-1001(a) identifies the types of final orders that are entered in an A/N/D proceeding that may be appealed, one of which is “any order, other than a nonsecure custody order, that changes legal custody of juvenile.”
  • Citing Peters v. Pennington, 210 N.C. App. 1 (2011) and Peterson v. Rogers, 337 N.C. 397 (1994), legal custody means “the right and responsibility to make decisions with important long-term implications for a child’s best interests and welfare” and includes a “parent’s prerogative to determine with whom their children shall associate.” An order that continues joint legal and physical custody of the child to the father and mother (which was the previous court order) but adds a no contact provision between the child and her maternal grandfather is an order that changes respondent mother's legal custody of a juvenile. That order may be appealed pursuant to G.S. 7B-1001(a)(4).
Category:
Abuse, Neglect, Dependency
Stage:
Appeal
Topic:
Appealable Order
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