Chavez v. Wadlington

821 S.E.2d 289, 261 N.C. App. 541
CourtCourt of Appeals of North Carolina
DecidedOctober 2, 2018
DocketCOA18-93
StatusPublished
Cited by8 cases

This text of 821 S.E.2d 289 (Chavez v. Wadlington) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chavez v. Wadlington, 821 S.E.2d 289, 261 N.C. App. 541 (N.C. Ct. App. 2018).

Opinions

CALABRIA, Judge.

*542Emily Susanna Chávez ("plaintiff") appeals from the trial court's order dismissing her complaint for lack of subject matter jurisdiction pursuant to N.C. Gen. Stat. § 1A-1, Rule 12(b)(1) (2017). On appeal, plaintiff contends that the trial court erred by concluding that she lacked standing to seek custody of the biological children of Serena Sebring Wadlington and Joseph Fitzgerald Wadlington (collectively, "defendants"). After careful review, we affirm the trial court's order.

I. Factual and Procedural Background

Serena Sebring Wadlington ("mother") and Joseph Fitzgerald Wadlington ("father") are the biological parents of B.J.W., born 10 February 2000, and C.A.W., born 5 January 2003. Both B.J.W. and C.A.W. (collectively, "the children") were conceived and born during defendants' marriage. Although defendants separated in 2007, they never divorced. Therefore, defendants are still married today and have shared physical and legal custody of the children without a court order.

Around the time defendants separated, plaintiff and mother entered into a "long-term, committed and exclusive relationship" that lasted approximately seven years. During this time, mother and plaintiff resided together, with the children, when the children were not residing with father. While plaintiff and mother could not legally marry for much of their relationship, mother did not seek a divorce from father and did not pursue a legal marriage with plaintiff after same-sex marriage was recognized in North Carolina. During their relationship, plaintiff assisted mother with her child-rearing duties such as taking the children to school, accompanying them to appointments and activities, assisting them with schoolwork, and purchasing necessities for the children and the household.

On 4 March 2015, plaintiff and mother separated when plaintiff left the residence she shared with mother and the children. On 10 July 2015, plaintiff filed an action to evict mother and the children, which was dismissed. Approximately two weeks later, while mother was away on a work-related trip and the children were at a family reunion with father, plaintiff used self-help to change the locks, removed all of mother's and the children's belongings from the house, and placed their belongings in a storage unit. Plaintiff subsequently contacted the children, then aged 12 and 15. However, the children were unwilling to continue a relationship with plaintiff.

On 4 November 2016, plaintiff filed a complaint against defendants in Durham County District Court seeking shared physical and legal custody of the children. Plaintiff alleged, inter alia , that she "was centrally *543*292involved in the care, upbringing and development" of the children during her relationship with mother, and that mother "intended to and did create a permanent parental relationship" between them. According to plaintiff, mother "acted inconsistently with her protected status as a parent by relinquishing her right to exclusive care and control of the minor children in granting parental status to [p]laintiff." Plaintiff further alleged that it would be in the children's best interests for plaintiff "to be involved in their lives on a regular basis."

On 1 August 2017, defendants filed a motion to dismiss plaintiff's complaint pursuant to N.C. Gen. Stat. § 1A-1, Rule 12(b)(6). Defendants asserted that the trial court lacked subject matter jurisdiction because plaintiff lacked standing to seek custody of the children and failed to allege that defendants were unfit or had acted inconsistently with their constitutionally protected status as parents.

Following a hearing, on 28 August 2017, the trial court entered an order granting defendants' motion to dismiss. The court concluded, in pertinent part, that:

3. Plaintiff is not a parent and is not a defacto [sic] parent.
4. Defendants, as the biological and legal parents of the minor children, have a constitutionally protected right [to] the exclusive care, custody and control of their children under the Fourteenth Amendment to the Constitution of the United States.
5. Plaintiff has no standing to seek custody of Defendants' children as an "other person" pursuant to N.C.G.S. § 50-13.1(a) and NC Caselaw, to wit:
a. Plaintiff has no relationship with the minor children;
b. Defendants and their children are an intact family, with no pending custody litigation between them;
c. Neither Defendant has neglected, abused, or abandoned his/her children; and
d. Neither Defendant has acted inconsistent with his/her constitutionally protected right as a parent.
6. Plaintiff has failed to allege or establish by clear and convincing evidence that either Defendant has engaged in conduct inconsistent with his/her constitutionally *544protected right as a parent or otherwise forfeited his/her constitutionally protected status as a parent.

Plaintiff appeals.

II. Standing

On appeal, plaintiff argues that the trial court erred in dismissing her complaint for lack of standing. We disagree.

A. Standard of Review

"[O]n a motion to dismiss the facts are viewed in the light most favorable to the nonmovant, giving them the benefit of all plausible inferences." Ellison v. Ramos, 130 N.C. App. 389, 395, 502 S.E.2d 891, 895, appeal dismissed and disc. review denied , 349 N.C. 356, 517 S.E.2d 891 (1998). In custody cases, "the trial court's findings of fact are conclusive on appeal if there is evidence to support them, even though the evidence might sustain findings to the contrary." Owenby v. Young, 357 N.C. 142, 147, 579 S.E.2d 264, 268 (2003). "Unchallenged findings of fact are binding on appeal." Peters v. Pennington, 210 N.C. App. 1, 13, 707 S.E.2d 724, 733 (2011).

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Cite This Page — Counsel Stack

Bluebook (online)
821 S.E.2d 289, 261 N.C. App. 541, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chavez-v-wadlington-ncctapp-2018.