Routten v. Routten

Appeal from a child custody dispute between two parents; whether the trial court erred by denying defendant visitation with her children without first making a finding under N.C.G.S. 7B-1109(f) based on clear, cogent, and convincing evidence that defendant was an unfit parent or acted inconsistently with her constitutionally protected status as a natural parent; whether the trial court erred in delegating to plaintiff the discretion to allow visitation between defendant and the children.

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Summary

Appeal from a child custody dispute between two parents; whether the trial court erred by denying defendant visitation with her children without first making a finding under N.C.G.S. 7B-1109(f) based on clear, cogent, and convincing evidence that defendant was an unfit parent or acted inconsistently with her constitutionally protected status as a natural parent; whether the trial court erred in delegating to plaintiff the discretion to allow visitation between defendant and the children.