McRoy v. Hodges

585 S.E.2d 441, 160 N.C. App. 381, 2003 N.C. App. LEXIS 1790
CourtCourt of Appeals of North Carolina
DecidedSeptember 16, 2003
DocketNo. COA02-1399
StatusPublished
Cited by3 cases

This text of 585 S.E.2d 441 (McRoy v. Hodges) 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
McRoy v. Hodges, 585 S.E.2d 441, 160 N.C. App. 381, 2003 N.C. App. LEXIS 1790 (N.C. Ct. App. 2003).

Opinion

TIMMONS-GOODSON, Judge.

Paul and Patty Sue McRoy (“plaintiffs”) appeal from an order of the trial court granting temporary custody of Brandon Paul Hodges (“Brandon”) to plaintiffs, and granting permanent custody to Marion Eugene Hodges, Jr. (“defendant”). For the reasons stated herein, we reverse the order of the trial court.

The pertinent facts of the instant appeal are as follows: Plaintiffs are the maternal grandparents of Brandon, who was born 30 May 1994. Brandon’s mother, Robin Hodges (“Hodges”), died on or about 8 February 2002. From his birth until the time of his mother’s death, Brandon resided with his mother. Brandon also occasionally resided with plaintiffs. Defendant, Brandon’s natural father, had extremely limited contact with Brandon prior to Hodges’ death. After Hodges died, defendant expressed interest in visiting with and eventually establishing custody of Brandon. On 13 February 2002, plaintiffs filed a complaint requesting temporary and permanent custody of Brandon in Beaufort County District Court. The matter came before the trial court on 2 July 2002, at which time the trial court made the following pertinent findings of fact:

10. Plaintiff Paul McRoy is currently employed as a painter. Plaintiff Patty Sue McRoy, 52 years old, is currently a homemaker. They have been married for 22 years.
11. Defendant is currently employed with Highway Mobile Home Movers and earns approximately $23,000 per year. Defendant’s wife, Debra Hodges, is presently disabled from an automobile accident, and is not working outside the home. Defendant and his wife have been married approximately one year. Defendant has another son, Ridge Allen Hodges, 9, who lives with his mother, Lisa Shepard Martin, in Washington, North Carolina. Defendant visits with this child, although not on any set schedule.
12. Defendant testified he and Robin Hodges were never married, but lived together for approximately six months in 1993. When the minor child, Brandon Paul Hodges, was born on May 30, 1994, defendant and Robin Hodges were not living together. At that time, both defendant and Robin Hodges were living unstable lives, and both experienced problems with alcohol and drugs. The minor child was born prematurely, but the defendant did not visit the child in the hospital. Defendant first saw the child when he was approximately 5-6 months old. Defendant testified he [383]*383attempted to visit or make contact with the child during infancy, but there was animosity between defendant, Robin Hodges, and the plaintiffs, and therefore, no visits occurred.
13. Defendant admitted that since Brandon Paul Hodges was an infant until February, 2002, he had little or no contact with said child. During this time, defendant never sent any Christmas or birthday cards/presents, visited the child at school or sporting events, or otherwise made any real efforts to visit with the minor child. Also during this time, defendant consulted with a lawyer regarding the custody/visitation of said child, but was unable to afford the fees to hire a lawyer. During this time, defendant’s sister, Lynn Hodges, loaned defendant money, and accumulated more than $3000.00 in educational savings for Ridge Allen Hodges, defendant’s other son. However, defendant never sought to borrow money from his sister or other family member during this time in order to hire an attorney. Since the death of Robin Hodges, defendant desires to accept responsibility for the said minor child, and wants custody of same.
14. In 1996, defendant checked himself into Tideland Mental Health Center for drug and alcohol abuse. He completed a 28 day rehabilitation program, and then was transferred to a halfway house for six months in Rocky Mount. Defendant has been alcohol/drug free since that time. Defendant moved away from Beaufort County in an effort to clean himself up.
15. Defendant further testified that in 1996, after completing rehabilitation, he resided in Rocky Mount, North Carolina. Robin Hodges traveled to Rocky Mount with the said minor child to visit defendant. At that time, Robin Hodges asked defendant to reconcile with her, and when the defendant refused, Robin Hodges told defendant he would never see the said minor child again.
16. Defendant had opportunities to be in the presence of Brandon Paul Hodges while defendant was attending soccer/baseball games of his other son, Ridge. However, during these times, defendant failed to introduce himself or otherwise make contact with Brandon prior to February, 2002.
17. From February 28, 2002 until the date of this hearing, defendant has exercised visitation, by consent and pursuant to a graduated schedule, with the minor child. These visitations occurred in [384]*384Beaufort County, at which time defendant attended some baseball practices, took the child to a playground/movie, or spent time with the child at the home of Pat Hodges, defendant’s mother. As of this hearing, the minor child had not spent any overnights with the defendant.
18. Defendant has consistently paid child support for the benefit of Brandon Paul Hodges, except for periods when he was out of work/between jobs. On several occasions, defendant’s tax refunds have been intercepted for child support purposes.
19. Plaintiffs, particularly Patty Sue McRoy, assisted Robin Hodges in the care and nurturing of the said minor child since his birth. On several occasions Robin Hodges and the minor child lived with the plaintiffs. In addition, the minor child lived with the plaintiffs during the times that Robin Hodges was admitted to some type of inpatient treatment center or hospital for substance abuse or manic depression. Even when Robin Hodges and the minor child were not living with plaintiffs, Patty Sue McRoy saw Robin and the child almost daily.
21. Since February 8, 2002, plaintiffs arranged for the minor child to meet with a counselor at Tideland Mental Health Center concerning the death of the child’s mother. As of this hearing, the child had met with a counselor on approximately two occasions.
22. Elizabeth Beacham testified that as manager of Glenview Apartments from approximately 1995-1999, she had occasion to see Robin Hodges, Patty Sue McRoy and the minor child frequently. When the child was only a few years old, she heard defendant state he was the father of said child but wanted nothing to do with him... .
23. Lisa Shepard Martin is the mother of Ridge Allen Hodges, the other son by defendant. Defendant has paid child support to her for the benefit of said child, and has visited sporadically with the said child, although not pursuant to any set schedule. Ms. Martin had no reason to doubt the defendant’s fitness as á parent. Ridge Allen Hodges has visited defendant in [defendant’s town of residence].
24. Plaintiff Patty Sue McRoy testified she felt it was in the child’s best interests that he live primarily with the plaintiffs, giv[385]*385ing due consideration to the wishes of the child. Said plaintiff said the minor child was like her own. Defendant testified he felt the child’s best interests would be served by completing the school year while living with plaintiffs so the child would not have to change schools.

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Bluebook (online)
585 S.E.2d 441, 160 N.C. App. 381, 2003 N.C. App. LEXIS 1790, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcroy-v-hodges-ncctapp-2003.