In re L.T.Annotate this Case
The Supreme Court affirmed the order of the trial court terminating Father's parental rights to his child, holding that Father did not meet his burden of showing that the trial court lacked jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA).
The Mecklenburg County Department of Social Services (DSS) filed a petition alleging that the child was a neglected and dependent juvenile, that the mother lived in Ohio, and that the child lived with Father in Charlotte, North Carolina. Thereafter, Father's attorney informed the court that the child had not lived in North Carolina for six months before the petition was filed and that there appeared to be a valid custody order from Delaware that granted sole custody to Father. The trial court concluded that it had jurisdiction under the UCCJEA and terminated Father's parental rights pursuant to N.C. Gen. Stat. 7B-1111(a)92). Father appealed, arguing that the trial court failed to comply with the requirements of the UCCJEA when it learned of the Delaware custody order. The Supreme Court affirmed, holding that North Carolina was the child's home state under the UCCJEA and the trial court had jurisdiction under N.C. Gen. Stat. 50A-203 to modify the Delaware custody order and preside over the case.