{ "id": 8353265, "name": "STEPHEN GORSUCH, Petitioner v. LESLEY ARLYS DEES, and A.B.D., a minor child, Respondents", "name_abbreviation": "Gorsuch v. Dees", "decision_date": "2005-09-06", "docket_number": "No. COA04-1413", "first_page": "223", "last_page": "227", "citations": [ { "type": "official", "cite": "173 N.C. App. 223" } ], "court": { "name_abbreviation": "N.C. Ct. App.", "id": 14983, "name": "North Carolina Court of Appeals" }, "jurisdiction": { "id": 5, "name_long": "North Carolina", "name": "N.C." }, "cites_to": [ { "cite": "173 S.E.2d 47", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1970, "pin_cites": [ { "page": "48" } ], "opinion_index": 0 }, { "cite": "7 N.C. App. 532", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8551467 ], "year": 1970, "pin_cites": [ { "page": "533" } ], "opinion_index": 0, "case_paths": [ "/nc-app/7/0532-01" ] }, { "cite": "597 S.E.2d 717", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2004, "pin_cites": [ { "page": "722", "parenthetical": "quotation omitted" } ], "opinion_index": 0 }, { "cite": "358 N.C. 512", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 2987016 ], "year": 2004, "pin_cites": [ { "page": "518", "parenthetical": "quotation omitted" } ], "opinion_index": 0, "case_paths": [ "/nc/358/0512-01" ] }, { "cite": "N.C. Gen. Stat. \u00a7 50-13.1", "category": "laws:leg_statute", "reporter": "N.C. Gen. Stat.", "weight": 2, "year": 1995, "pin_cites": [ { "page": "(a)" }, { "page": "375" } ], "opinion_index": 0 }, { "cite": "493 S.E.2d 428", "category": "reporters:state_regional", "reporter": "S.E.2d", "weight": 3, "year": 1997, "pin_cites": [ { "page": "431" } ], "opinion_index": 0 }, { "cite": "347 N.C. 371", "category": "reporters:state", "reporter": "N.C.", "case_ids": [ 551355 ], "year": 1997, "opinion_index": 0, "case_paths": [ "/nc/347/0371-01" ] }, { "cite": "N.C. Gen. Stat. \u00a7 49-11", "category": "laws:leg_statute", "reporter": "N.C. Gen. Stat.", "year": 2004, "pin_cites": [ { "parenthetical": "emphasis added" } ], "opinion_index": 0 }, { "cite": "336 S.E.2d 136", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 1985, "pin_cites": [ { "page": "138", "parenthetical": "Where parents' parental rights were terminated, \"they no longer have any constitutionally protected interest in the [] minor children.\"" } ], "opinion_index": 0 }, { "cite": "77 N.C. App. 709", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 8525116 ], "year": 1985, "pin_cites": [ { "page": "712", "parenthetical": "Where parents' parental rights were terminated, \"they no longer have any constitutionally protected interest in the [] minor children.\"" } ], "opinion_index": 0, "case_paths": [ "/nc-app/77/0709-01" ] }, { "cite": "579 S.E.2d 264", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2003, "pin_cites": [ { "page": "267", "parenthetical": "\"With the exception of a child's right to inherit from a parent, a termination of parental rights order completely and permanently severs all rights and obligations of the parent to the child and the child to the parent.\" (citation omitted)" } ], "opinion_index": 0 }, { "cite": "367 N.C. 142", "category": "reporters:state", "reporter": "N.C.", "year": 2003, "pin_cites": [ { "page": "145", "parenthetical": "\"With the exception of a child's right to inherit from a parent, a termination of parental rights order completely and permanently severs all rights and obligations of the parent to the child and the child to the parent.\" (citation omitted)" } ], "opinion_index": 0 }, { "cite": "568 S.E.2d 883", "category": "reporters:state_regional", "reporter": "S.E.2d", "year": 2002, "pin_cites": [ { "page": "885", "parenthetical": "citations omitted" } ], "opinion_index": 0 }, { "cite": "153 N.C. App. 176", "category": "reporters:state", "reporter": "N.C. App.", "case_ids": [ 9249002 ], "year": 2002, "pin_cites": [ { "page": "179", "parenthetical": "citations omitted" } ], "opinion_index": 0, "case_paths": [ "/nc-app/153/0176-01" ] } ], "analysis": { "cardinality": 506, "char_count": 10246, "ocr_confidence": 0.744, "pagerank": { "raw": 4.518461695170957e-08, "percentile": 0.2833997271655606 }, "sha256": "af42c8e5d5a7462d96ccb9a8eb31b6a3b5865a7f91dfe4fa05f216854f2d7e85", "simhash": "1:02fcd26a1b5a5150", "word_count": 1636 }, "last_updated": "2023-07-14T20:45:28.578783+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [ "Chief Judge MARTIN and Judge TIMMONS-GOODSON concur." ], "parties": [ "STEPHEN GORSUCH, Petitioner v. LESLEY ARLYS DEES, and A.B.D., a minor child, Respondents" ], "opinions": [ { "text": "WYNN, Judge.\n\u201cAn order terminating the parental rights completely and permanently terminates all rights and obligations of the- parent to the juvenile _\u201d N.C. Gen. Stat. \u00a7 7B-1112 (2004). Petitioner Stephen Gorsuch argues that, despite having had his parental rights as to A.B.D. terminated, he nevertheless had standing to legitimate the minor child. Because a prior termination order completely and permanently terminates a parent\u2019s rights and responsibilities, we affirm the trial court\u2019s ruling that Petitioner had no standing to legitimate A.B.D.\nPetitioner\u2019s parental rights were terminated as to A.B.D on 16 November 1999 under an order stating: \u201cThe biological father, Stephen D. Gorsuch, has willfully abandoned the minor child ... in that he has had only minimal contact with the minor child since her birth and he has withheld his love, his care, his affection and has neglected and refused to perform his natural and legal obligations of parental care and support of the minor childf;]\u201d and that \u201c[i]t is in the minor child\u2019s best interests that all parental rights of Stephen D. Gorsuch, the biological father of the minor child, A.B.D., be terminated.\u201d\nPetitioner did not appeal from the order of termination. Instead, after his parental rights had been terminated, Petitioner brought an action for custody and support of the minor child. On 13 October 2000, Petitioner and Respondent (natural mother of A.B.D.) entered into a Consent Order For Custody And Child Support \u201ceffectuating their agreements[.]\u201d In the consent order, the parties agreed that \u201cit is in the best interest of the minor child that she remain in the custody of [Respondent] but that [Petitioner] have regular visitation and play an active role in the child\u2019s life.\u201d\nOn 13 November 2002, Petitioner brought this action to legitimate A.B.D. The Assistaht Clerk of Court entered a legitimation order on 5 February 2003, ordering \u201cthat said child is legitimated\u201d and \u201cthat North Carolina Vital Records amend birth certificate to reflect father\u2019s name . . . However, on 18 December 2003, the Assistant Clerk of Court set aside the legitimation order, stating that the legitimation order \u201cwas improvidently granted because of the lack of information regarding the termination of parental rights, and the order would not have been issued or granted had the undersigned known of the termination.\u201d Petitioner appealed to Superior Court, Wake County, which, on 26 April 2004 issued an order setting aside the legitimation order. The trial court found that \u201c[a]s a result of the termination, Petitioner has no standing or right to bring an action to legitimat\u00e9 A.B.D., and the Clerk correctly set aside the legitimation order which she had entered before knowing about the termination of Petitioner\u2019s parental rights.\u201d\nOn appeal to this Court, Petitioner first argues that the trial court erred in concluding that Petitioner had no standing or right under the law to legitimate A.B.D. because his parental rights as to the child had been terminated.\n\u201cPreliminarily, we note the issue of whether [a party] has standing is a question of law. Accordingly, we conduct our review de novo.\u201d Lee Ray Bergman Real Estate Rentals v. N.C. Fair Hous. Ctr., 153 N.C. App. 176, 179, 568 S.E.2d 883, 885 (2002) (citations omitted).\nSection 7B-1112 of our General Statutes, delineating the purpose of a termination of parental rights, states:\nAn order terminating the parental rights completely and permanently terminates all rights and obligations of the parent to the juvenile and of the juvenile to the parent arising from the parental relationship, except that the juvenile\u2019s right of inheritance from the juvenile\u2019s parent shall not terminate until a final order of adoption is issued.\nN.C. Gen. Stat. \u00a7 7B-1112 (emphasis added); see also Owenby v. Young, 367 N.C. 142, 145, 579 S.E.2d 264, 267 (2003) (\u201cWith the exception of a child\u2019s right to inherit from a parent, a termination of parental rights order completely and permanently severs all rights and obligations of the parent to the child and the child to the parent.\u201d (citation omitted)); In re Montgomery, 77 N.C. App. 709, 712, 336 S.E.2d 136, 138 (1985) (Where parents\u2019 parental rights were terminated, \u201cthey no longer have any constitutionally protected interest in the [] minor children.\u201d).\nIn stark contrast, section 49-11 of our General Statutes, delineating the effects of legitimation, makes plain that the purpose of legitimation is to establish a parent\u2019s rights and responsibilities:\nThe effect of legitimation under G.S. 49-10 shall be to impose upon the father and mother all of the lawful parental privileges and rights, as well as all of the obligations which parents owe to their lawful issue, and to the same extent as if said child had been born in wedlock, and to entitle such child by succession, inheritance or distribution, to take real and personal property by, through, and from his or her father and mother as if such child had been born in lawful wedlock.\nN.C. Gen. Stat. \u00a7 49-11 (2004) (emphasis added).\nWhile we have found no North Carolina precedent addressing the issue in this case, we find Krauss v. Wayne County Dep\u2019t of Soc. Servs., 347 N.C. 371, 493 S.E.2d 428 (1997), to be instructive. In Krauss, a father whose parental rights had been terminated filed an action seeking custody as an \u201cother person\u201d under N.C. Gen. Stat. \u00a7 50-13.1(a) (1995). The trial court dismissed the complaint, this Court affirmed, and our Supreme Court also affirmed, holding that the plaintiff lacked standing, even as an \u201cother person,\u201d to seek custody. Id. at 375, 493 S.E.2d at 431. The termination order divested the father of any right to seek/re-obtain custody. Id.\nHere, Petitioner sought to legitimate a child as to whom his parental rights had been terminated several years prior to his legitimation action. While Petitioner may be correct that he \u201cis the one and only person in the world who could possibly be the \u2018putative father\u2019 of A.B.D.,\u201d his rights and responsibilities as a biological, putative, or any other category of father ceased upon the termination of his parental rights, which \u201ccompletely and permanently terminate[d] all rights and obligations of the parent to the juvenile . . . .\u201d N.C. Gen. Stat. \u00a7 7B-1112.\nWe find unconvincing Petitioner\u2019s argument that \u201cpermanent\u201d as used in North Carolina General Statutes section 7B-1112 should be construed as temporary and modifiable to be without merit. \u201cWhere the statutory language is clear and unambiguous, the Court does not engage in judicial construction but must apply the statute to give effect to the plain and definite meaning of the language.\u201d Carolina Power & Light Co. v. City of Asheville, 358 N.C. 512, 518, 597 S.E.2d 717, 722 (2004) (quotation omitted). Dictionaries may be used to determine the plain meaning of language. State v. Martin, 7 N.C. App. 532, 533, 173 S.E.2d 47, 48 (1970). Permanent means \u201ccontinuing or enduring (as in the same state, status, place) without fundamental or marked change; not subject to fluctuation or alteration^]\u201d Webster\u2019s Third New International Dictionary 1683 (1971). We find Petitioner\u2019s argument that the \u201cpermanent\u201d termination of his parental rights could allow for modification and restoration to be without merit.\nIn sum, we find Petitioner\u2019s argument that the trial court erred in concluding that Petitioner had no standing or right under the law to legitimate A.B.D. because his parental rights had been terminated to be without merit.\nPetitioner next argues that the Assistant Clerk of Court erred and abused her discretion in setting aside her prior legitimation order. In violation of Appellate Rule of Procedure 28(b)(6), Petitioner fails to cite any authority for this argument and merely \u201creasserts Argument I.\u201d N.C. R. App. P. 28(b)(6). Further, since we found Petitioner\u2019s first argument to be without merit, this argument is likewise without merit.\nAffirmed.\nChief Judge MARTIN and Judge TIMMONS-GOODSON concur.\n. Petitioner moved to set aside the termination order on 8 December 2003. From the denial of that motion on 16 February 2004, Petitioner appealed to this Court. The opinion in that matter is being filed simultaneously with this opinion. In re A.B.D._N.C. App. _, _ S.E.2d _ (filed 6 September 2005). Because we hold in In re A.B.D that the termination order was void, the issue on appeal here would appear to be moot. Nevertheless, as this appeal presents a novel issue of law, we address it.", "type": "majority", "author": "WYNN, Judge." } ], "attorneys": [ "Cheshire, Parker, Schneider, Bryan & Vitale, by Jonathan McGirt, for petitioner-appellant.", "Sally H. Scherer, for respondent-appellees." ], "corrections": "", "head_matter": "STEPHEN GORSUCH, Petitioner v. LESLEY ARLYS DEES, and A.B.D., a minor child, Respondents\nNo. COA04-1413\n(Filed 6 September 2005)\n1. Termination of Parental Rights\u2014 attempt to legitimize child after parental rights terminated\nThe trial court did not err by concluding that petitioner had no standing or right under the law to legitimate a minor child after petitioner\u2019s parental rights as to the child had been terminated several years prior, because: (1) petitioner\u2019s rights and responsibilities as a biological, putative, or any other category of father ceased upon the termination of his parental rights which completely and permanently terminated all rights and obligations of the parent to the juvenile, N.C.G.S. \u00a7 7B-1112; and (2) petitioner\u2019s argument that the \u201cpermanent\u201d termination of his parental rights could allow for modification and restoration is without merit.\n2. Appeal and Error\u2014 preservation of issues \u2014 failure to cite authority\nAlthough petitioner contends the Assistant Clerk of Court erred and abused her discretion in setting aside her prior legitimation order, this assignment of error is dismissed, because: (1) petitioner failed to cite any authority for this argument as required by N.C. R. App. P. 28(b)(6) and merely \u201creasserts Argument I;\u201d and (2) petitioner\u2019s first argument was found to be without merit and likewise this argument is without merit.\nAppeal by Petitioner from orders entered 18 December 2003 and 26 April 2004 by Lynne D. Murray, Assistant Clerk of Superior Court, Wake County, and Judge Evelyn W. Hill in Superior Court, Wake County. Heard in the Court of Appeals 13 June 2005.\nCheshire, Parker, Schneider, Bryan & Vitale, by Jonathan McGirt, for petitioner-appellant.\nSally H. Scherer, for respondent-appellees." }, "file_name": "0223-01", "first_page_order": 253, "last_page_order": 257 }