{
  "id": 6787166,
  "name": "IN RE A.D.N., A Minor Child",
  "name_abbreviation": "In re A.D.N.",
  "decision_date": "2013-12-03",
  "docket_number": "No. COA13-709",
  "first_page": "54",
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    "judges": [
      "Chief Judge MARTIN and Judge STROUD concur."
    ],
    "parties": [
      "IN RE A.D.N., A Minor Child"
    ],
    "opinions": [
      {
        "text": "GEER, Judge.\nRespondent mother appeals from the trial court\u2019s order terminating her parental rights to A.D.N. (\u201cAndy\u201d). On appeal, respondent mother argues that the trial court lacked subject matter jurisdiction over the termination of parental rights (\u201cTPR\u201d) proceeding because petitioner, Andy\u2019s paternal grandmother, lacked standing to file the TPR petition. We hold that the trial court properly concluded that Andy resided with petitioner for a continuous period of two years prior to the filing of the petition, such that petitioner had standing under N.C. Gen. Stat. \u00a7 7B-1103(a)(5) (2011). Although respondent mother additionally urges this Court to reverse the TPR order based on the trial court\u2019s failure to appoint Andy a guardian ad litem, respondent mother has not preserved her argument on that issue for appeal. We, therefore, affirm the trial court\u2019s order.\nFacts\nPetitioner first met respondent mother in February 2010 when petitioner\u2019s son, respondent father, brought respondent mother to petitioner\u2019s home in Beaufort, North Carolina in order to introduce respondent mother to petitioner. Petitioner had a strained relationship with respondent father because of his drug use and legal troubles. Two weeks later, respondent mother and father returned to petitioner\u2019s home and told her that respondent mother was pregnant.\nRespondent mother submitted to a pre-natal examination drug test on 1 September 2010, roughly two and a half months before Andy\u2019s birth, and she tested positive for \u201cBZO, oxycodone, and THC.\u201d Respondent mother gave birth to Andy on 18 November 2010. At the time of his birth, Andy was diagnosed with neonatal withdrawal syndrome. Respondent mother admitted she used Xanax while pregnant with Andy, although she claimed she had been prescribed Xanax. In the days following Andy\u2019s birth, respondent mother requested and was prescribed pain medication for pain from her C-section surgery. She then returned to the emergency room to obtain additional pain medications, telling petitioner that respondent father was \u201ceating her prescriptions like candy.\u201d\nAndy was released from the hospital on 24 November 2010, and petitioner drove Andy and respondent mother and father to respondent mother\u2019s stepfather\u2019s house in Carteret County, North Carolina, where respondent mother and father were living. The next day, petitioner brought Andy and respondent mother and father to petitioner\u2019s home for Thanksgiving dinner, and two days later, on 27 November 2010, Andy spent the night at petitioner\u2019s home at respondent mother and father\u2019s request. Petitioner returned Andy to respondent mother and father the next day.\nBeginning at the time of Andy\u2019s birth, petitioner kept a daily calendar on which she noted information about Andy, including every time that Andy spent the night in her home. She did so because she worried about her son\u2019s drug use and believed it was important to document information about Andy.\nPetitioner\u2019s calendar showed that from 1 December 2010 onward, Andy spent significantly more nights with petitioner than with respondent mother and father. In December 2010, Andy spent 21 nights in petitioner\u2019s home. During January 2011, Andy stayed overnight at petitioner\u2019s house for 25 nights. Andy spent 24 nights in petitioner\u2019s home in February 2011, and another 26 nights at her home in March 2011. In April 2011, Andy stayed overnight at petitioner\u2019s home for 26 nights.\nIn February 2011, respondent father was incarcerated for breaking and entering. Also in February, while respondent father was in prison, respondent mother moved into her own trailer home. Petitioner provided respondent mother with some furnishings for the trailer. When petitioner picked up Audy from respondent mother\u2019s trailer, Andy always smelled strongly of cigarettes. On one occasion, when petitioner picked up Andy from respondent mother, Andy \u201creeked of stench\u201d and was wearing ill-fitting clothes, requiring petitioner to immediately bathe him and properly dress him.\nDuring this time, a member of respondent mother\u2019s family called the Carteret County Department of Social Services (\u201cDSS\u201d) and reported an incident in which respondent mother excessively shook Andy because he would not stop crying. DSS then became involved and ordered respondent mother and father to enroll in drug rehabilitation programs and submit to random drug testing. As of 19 May 2011, neither respondent had enrolled in a program, and both had failed numerous random drug tests.\nOn 19 May 2011, petitioner obtained an ex parte custody order for Andy, pursuant to Chapter 50 of the North Carolina General Statutes, that granted petitioner temporary sole custody of Andy and restricted respondent mother and father from visiting or contacting the child in any way. The order provided that it was in Andy\u2019s best interests to be in the sole care of petitioner and that there was probable cause to believe that the ex paxte order was necessary to protect Andy\u2019s health, welfare, and safety. A 24 May 2011 modification to the order allowed for supervised visitation by respondent mother and father.\nIn a 3 November 2011 order, the trial court again granted temporary custody to petitioner, although, this time, it was with the consent of respondent mother and father. Pursuant to the November 2011 order, respondent mother and father .were each granted two hours supervised visitation twice a week. Respondent mother and father were both ordered to enroll in a drug treatment and counseling program, submit to random drug tests, and enroll in the Family Adjustment Services program offered by DSS.\nRespondent mother visited occasionally, but missed many scheduled visitation periods and rarely stayed for the entire two hour period. Respondent mother was prescribed Suboxin and methadone during this period of supervised visitation to assist in her opiate withdrawal. Respondent mother enrolled in a drug treatment program along -with respondent father, but respondent father was dismissed from the program after he and respondent mother attempted to sell respondent mother\u2019s Suboxin at a counseling session. Although DSS had required respondents to stop living together and to refrain from drug abuse, they continued to live together and each failed random drug tests during the period of supervised visitation.\nOn 26 May 2012, after just completing a drug treatment program, respondent mother took three Xanax that she got from a family member and drove to Harlowe, North Carolina to buy cocaine. The day after the Harlow incident, 27 May 2012, respondent mother returned to her trailer and got into a fight with respondent father because he refused to give her money to return to Harlowe and buy more cocaine. Respondent mother hit respondent father, causing respondent father to seek emergency treatment for a severe foot wound. Petitioner visited respondents\u2019 trailer the day after the fight and saw lots of blood and bloody rags on the floor, as well as a drug pipe and marijuana on the kitchen counter. In addition, the home was \u201cnasty and dirty.\u201d\nThe trial court entered an order on 8 August 2012 terminating respondents\u2019 visitation with Andy. The court found that respondent mother \u201ccontinues to use and abuse cocaine and other opiates.\u201d The August 2012 order further found that respondent mother was evicted from her trailer for failing to pay rent for three months; that the trailer was condemned for health and safety reasons, including the roof partially falling in; and that respondent mother had made \u201cnumerous\u201d threats to petitioner, including a 17 July 2012 threat that she would \u201c \u2018see [petitioner] in hell for what [petitioner had] done.\u2019 \u201d\nAt a 31 July 2012 hearing, respondent mother advised the trial court that she was going to Arizona to stay with a friend and enroll in a 12-month drug rehabilitation program. Prior to that time, respondent mother had called her friend in Arizona and told the friend that respondent mother was going to kill petitioner, Andy, and herself because \u201cif she couldn\u2019t have [Andy], nobody else was going to have [Andy] either.\u201d In part because of this call, the friend agreed for respondent mother to stay with her in Arizona and to pay for respondent mother\u2019s ticket to Arizona.\nRespondent mother left for Arizona on 19 August 2012 and, although she was accepted for an inpatient drug treatment program, she enrolled in an out-patient program. Respondent mother missed classes for the program and did not attend alcoholics anonymous/narcotics anonymous meetings or get a job as required by the program. After two months, respondent mother\u2019s friend told respondent mother that she either needed to enroll in an inpatient program in Arizona or return to Carteret County. Respondent mother returned to Carteret County the next day.\nAfter returning to Carteret County, respondent mother did not contact petitioner about Andy, even on Andy\u2019s 18 November 2012 birthday. In early December, petitioner received a letter from respondent mother stating that respondent mother was in the process of getting a job and would start sending petitioner $200.00 a month to care for Andy. However, other than a $50.00 check from respondent mother\u2019s grandmother and a $30.00 money order from respondent mother, petitioner received no money from respondent mother.\nDuring this time, respondent mother began a romantic relationship with a convicted felon whom she believed, in her own words, to be the \u201cbiggest heroin runner in Beaufort.\u201d Respondent mother used the man\u2019s address, went out of town with him, and kept her belongings at his residence until a 20 February 2013 incident in which the man pointed a gun at respondent mother. On 7 March 2013, respondent mother started living with respondent father at respondent mother\u2019s grandmother\u2019s home.\nOn 2 January 2013, petitioner filed a petition to terminate respondent mother\u2019s parental rights. At the TPR hearing, respondent mother admitted that she had issues with addiction and that, at the time of the hearing, she was incapable of caring for Andy.\nOn 1 April 2013, the trial court entered an order finding that it had jurisdiction over the TPR proceeding pursuant to N.C. Gen. Stat. \u00a7 7B-1103(a)(5) since Andy had resided continuously with petitioner for the two years preceding the filing of the petition. The court further found that grounds existed to terminate respondents\u2019 parental rights because (1)respondents left Andy in placement outside their home for more than 12 months without showing reasonable progress in correcting the conditions that led to his removal, (2) Andy was neglected, and (3) Andy was a dependent juvenile and there was no indication that either respondent would be able to care for him within a reasonable period of time. The court then found that termination of both respondents\u2019 parental rights was in Andy\u2019s best interests and would facilitate Andy\u2019s adoption by petitioner and, accordingly, ordered respondents\u2019 rights terminated. Respondent mother timely appealed to this Court.\nI\nRespondent mother first argues that the trial court lacked subject matter jurisdiction over the TPR proceeding because petitioner lacked standing to file the TPR petition. This Court has recognized that \u201cstanding is \u2018jurisdictional in nature and consequently, standing is a threshold issue that must be addressed, and found to exist, before the merits of [the] case are judicially resolved.\u2019 \u201d In re E.T.S., 175 N.C. App. 32, 35, 623 S.E.2d 300, 302 (2005) (quoting In re Miller, 162 N.C. App. 355, 357, 590 S.E.2d 864, 865 (2004)). Whether petitioner had standing is a legal issue that this Court reviews de novo. 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).\nOur General Assembly has prescribed by statute who has standing to file a TPR petition. N.C. Gen. Stat. \u00a7 7B-1103(a) provides:\n(a) A petition or motion to terminate the parental rights of either or both parents to his, her, or their minor juvenile may only be filed by one or more of the following:\n(1) Either parent seeking termination of the right of the other parent.\n(2) Any person who has been judicially appointed as the guardian of the person of the juvenile.\n(3) Any county department of social services, consolidated county human services agency, or licensed child-placing agency to whom custody of the juvenile has been given by a court of competent jurisdiction.\n(4) Any county department of social services, consolidated county human services agency, or licensed child-placing agency to which the juvenile has been surrendered for adoption by one of the parents or by the guardian of the person of the juvenile, pursuant to G.S. 48-3-701.\n(5) Any person with whom the juvenile has resided for a continuous period of two years or more next preceding the filing of the petition or motion.\n(6) Any guardian ad litem appointed to represent the minor juvenile pursuant to G.S. 7B-601 who has not been relieved of this responsibility.\n(7) Any person who has filed a petition for adoption pursuant to Chapter 48 of the General Statutes.\n(Emphasis added.)\nThe only applicable basis for petitioner to have standing in this case was the ground the trial court concluded existed: N.C. Gen. Stat. \u00a7 7B-1103(a)(5). The trial court found that \u201c[t]he minor child has resided continuously with the Petitioner since November 27, 2010.\u201d Based on that finding, the court concluded that \u201c[p]ursuant to G.S. 7B-1103(a) (5), the Petitioner has standing to bring the Petition for termination of parental rights, in that the minor child has resided continuously with Petitioner for a period exceeding two (2) years prior to filing the Petition.\u201d Respondent mother challenges both this finding and the conclusion based on it.\nSince petitioner filed the TPR petition on 2 January 2013, the relevant period - two years preceding the filing of the petition - ran from 2 January 2011 until 1 January 2013. Although respondent mother does not dispute that Andy resided with petitioner continuously after the trial court entered the 19 May 2011 ex parte temporary custody order giving petitioner sole custody of Andy, respondent mother contends that the court erred in finding that Andy continuously resided with petitioner priorto 19 May 2011. Consequently, we must determine whether the trial court properly determined that Andy continuously resided with petitioner from 2 January 2011 to 19 May 2011.\nInitially, we note that while the trial court made the ultimate finding of fact necessary to establish that petitioner had standing, the trial court did not make detailed supporting findings because respondent mother did not raise the issue at trial. The record, however, contains competent evidence supporting the ultimate finding of fact that Andy resided continuously with petitioner for the two-year period prior to the filing of the TPR petition.\nRespondent mother first argues that the trial court\u2019s conclusion was erroneous because, prior to 19 May 2011, respondent mother had legal custody of Andy and could, therefore, remove Andy from petitioner\u2019s home at any point. In applying N.C. Gen. Stat. \u00a7 7B-1103(a)(5), this Court has, however, previously held that \u201c[t]he person or persons with whom legal custody lies during [the two-year] time period is irrelevant.\u201d In re E.T.S., 175 N.C. App. at 38, 623 S.E.2d at 303. See also id. (explaining that \u201cstatute confers standing on petitioners based on their two year relationship with the child, which is in no manner related to the respondent or her relationship with the child during that two year period\u201d); In re B.O., 199 N.C. App. 600, 603, 681 S.E.2d 854, 857 (2009) (analyzing whether petitioners, who had temporary custody of child, had standing under N.C. Gen. Stat. \u00a7 7B-1103(a)(5) by reviewing time during which child \u201clived with\u201d petitioners). We axe bound by this Court\u2019s holding in InreE.T.S.\nThe plain language of N.C. Gen. Stat. \u00a7 7B-1103(a)(5) requires (1) that a child have \u201cresided\u201d with the petitioner and (2) that he did so \u201ccontinuous [ly]\u201d for two years. It is not entirely clear whether respondent mother challenges the trial court\u2019s conclusion that Andy \u201cresided\u201d with petitioner from 2 January 2011 to 19 May 2012. Respondent mother\u2019s principle brief appears to equate \u201cresiding\u201d with overnight stays, thereby implicitly conceding that Andy resided with petitioner between 2 January 2011 and 19 May 2011 on the nights he spent at petitioner\u2019s house. Respondent mother then proceeds to argue that because Andy sometimes did not stay with petitioner, Andy did not reside continuously with petitioner. However, respondent mother\u2019s reply brief asserts that prior to 19 May 2011, Andy resided with respondent mother but \u201coften spent the night with Petitioner.\u201d\nAssuming without deciding that respondent mother has argued that Andy did not reside with petitioner, this Court, in analyzing the requirement that a child reside with a petitioner for the statutory period, has looked to the period of time in which a child \u201clived with\u201d the petitioner. See In re B.O., 199 N.C. App. at 603, 681 S.E.2d at 857; In re Ore, 160 N.C. App. 586, 588, 586 S.E.2d 486, 487 (2003) (\u201cSince the minor child lived with petitioner for the two years next preceding filing the motion, she was a proper person to file the petition.\u201d). To determine what the General Assembly intended when requiring that the child \u201creside\u201d \u2014 or, as this Court has held, five with - the petitioner, we look to the analogous context of child support payments.\nThe General Assembly has directed the Conference of Chief District Judges to create the North Carolina Child Support Guidelines to be used in calculation of child support payments in North Carolina. See N.C. Gen. Stat. \u00a7 50-13.4(cl) (2011) (\u201cEffective July 1, 1990, the Conference of Chief District Judges shall prescribe uniform state-wide presumptive guidelines for the computation of child support obligations of each parent . ...\u201d). The Child Support Guidelines provide that \u201c[a] parent\u2019s presumptive child support obligation . . . must be determined using one of the attached child support worksheets.\u201d Form AOC-A-162, Rev. 1/11. With respect to the worksheets, the guidelines provide:\nUse Worksheet A when one parent (or a third party) has primary physical custody of all of the children for whom support is being determined. A parent (or third party) has primary physical custody of a child if the child lives with that parent (or custodian) for at least 243 nights during the year. Primary physical custody is determined without regard to whether a parent has primary, shared, or joint legal custody of a child....\nUse Worksheet B when (a) the parents share custody of all of the children for whom support is being determined, or (b) when one parent has primary physical custody of one or more of the children and the parents share custody of another child. Parents share custody of a child if the child lives with each parent for at least 123 nights during the year and each parent assumes financial responsibility for the child\u2019s expenses during the time the child lives with that parent. A parent does not have shared custody of a child when that parent has visitation rights that allow the child to spend less than 123 nights per year with the parent and the other parent has primary physical custody of the child. Shared custody is determined without regard to whether a parent hasprimary, shared, or joint legal custody of a child....\nId. (emphasis added).\nThus, under the guidelines promulgated pursuant to N.C. Gen. Stat. \u00a7 50-13.4(cl), a child is determined to \u201clive[] with\u201d a parent or third party based upon the number of nights a child spends with that person per year (without regard to whether the parent or third party has primary, shared, or j oint legal custody of a child). Id.\nIt is reasonable to conclude similarly for purposes of N.C. Gen. Stat. \u00a7 7B-1103(a)(5) that whether a child resides with or lives with a particular person depends on the number of nights that the child spends with that person. Accordingly, we hold that the person with whom a child \u201cresided\u201d as used in N.C. Gen. Stat. \u00a7 7B-1103(a)(5) refers to the person with whom a child spent his or her nights.\nIn this case, respondent mother does not challenge on appeal petitioner\u2019s evidence that in 2011, Andy stayed with petitioner overnight for 25 nights in January, 24 nights in February, 26 nights in March, 26 nights in April, and for 16 of the 18 nights from 1 May 2011 to 19 May 2011. In other words, Andy spent an average of 85% of his nights with petitioner. Respondent mother cannot, therefore, reasonably contend that Andy did not reside with petitioner during the period from January 2011 through May 2011. Although respondent mother argues on appeal that Andy was merely visiting petitioner on the nights he stayed with her, the trial court reasonably concluded that Andy was living or residing with petitioner and only visiting respondent mother.\nThe question remains whether Andy resided with petitioner \u201ccontinuously\u201d from 2 January 2011 to 19 May 2011. Respondent mother first contends that N.C. Gen. Stat. \u00a7 7B-1103(a)(5) requires that Andy must have had \u201cuninterrupted\u201d overnight stays with petitioner for the relevant period in order to have standing.\nWe believe that resolution of this issue is guided by this Court\u2019s analysis when deciding a child\u2019s home state for purposes of the Uniform Child-Custody Jurisdiction and Enforcement Act (\u201cUCCJEA\u201d). Under the UCCJEA, \u201c \u2018[h]ome state\u2019 \u201d is defined as \u201cthe state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child-custody proceeding.\u201d N.C. Gen. Stat. \u00a7 50A-102(7) (2011). \u201cA period of temporary absence of any of the mentioned persons is part of the period.\u201d Id.\nIn Chick v. Chick, 164 N.C. App. 444, 451-52, 596 S.E.2d 303, 309 (2004), this Court adopted a totality of the circumstances test for the determination whether a period of absence was temporary under the UCCJEA home state statute and held that when the children had lived in Vermont for 11 months preceding the filing of the action, barring a six-week period during which they lived in North Carolina, Vermont was the children\u2019s home state. Similarly, in Hammond v. Hammond, 209 N.C. App. 616, 633-34, 708 S.E.2d 74, 85-86 (2011), this Court held that the children\u2019s home state was North Carolina, despite the fact that the children had lived in Japan for nearly the entire six months immediately preceding the action, since the children lived in North Carolina for nearly two years prior to leaving for Japan and since the father believed, in moving to Japan, that the family would return to North Carolina.\nSimilarly, here, we do not believe that the General Assembly\u2019s requirement under N.C. Gen. Stat. \u00a7 7B-1103(a)(5) that a child reside with a person \u201cfor a continuous period of two years\u201d requires that the child spend every single night with the person for that period. Just as a child can five with a parent in a state for \u201csix consecutive months\u201d despite extended absences from the state under the UCCJEA, N.C. Gen. Stat. \u00a7 50A-102(7), a child can reside continuously with a person for the purposes of N.C. Gen. Stat. \u00a7 7B-1103(a)(5) despite spending a limited number of nights away from that person\u2019s home.\nThe evidence in this case showed that in 2011, Andy was away from petitioner for only six nights in January, four nights in February, five nights in March, four nights in April, and two of the 18 nights from 1 May 2011 to 19 May 2011. In other words, Andy spent the night elsewhere on a very limited number of occasions. Based on this evidence, the trial court could properly determine that Andy resided with petitioner \u201cfor a continuous period of two years or more next preceding the filing of the petition or motion.\u201d Id.\nRespondent mother nonetheless argues that this Court should adopt a test that looks only to the intention of the parties - specifically to respondent mother\u2019s intention - in determining whether Andy resided with petitioner continuously during the relevant period. Respondent mother cites Grindstaff v. Byers, 152 N.C. App. 288, 567 S.E.2d 429 (2002), and Patterson v. Taylor, 140 N.C. App. 91, 535 S.E.2d 374 (2000), in support of her argument. However, both of those cases refer to the intent of the parties when construing the terms of voluntarily-executed custody agreements, or contracts, between the parties. See Grindstaff, 152 N.C. App. at 296, 567 S.E.2d at 434; Patterson, 140 N.C. App. at 96-97, 535 S.E.2d at 378. Although it is true that \u201c \u2018[wjhenever a court is called upon to interpret a contract its primary purpose is to ascertain the intention of the parties at the moment of its execution],]\u2019 \u201d Gilmore v. Gamer, 157 N.C. App. 664, 666, 580 S.E.2d 15, 18 (2003) (quoting Lane v. Scarborough, 284 N.C. 407, 409-10, 200 S.E.2d 622, 624 (1973)), respondent mother has pointed to no equivalent principle in this non-contract context. In any event, given the evidence in this case, the trial court could properly conclude that the fact respondent mother allowed Andy to spend the overwhelming majority of his nights with petitioner indicated that respondent mother intended for Andy to reside with petitioner and visit respondent mother.\nIn sum, we hold that the evidence supported the trial court\u2019s ultimate finding that Andy resided continuously with petitioner for the two-year period immediately preceding the filing of the petition. Consequently, petitioner had standing to file the TPR petition under N.C. Gen. Stat. \u00a7 7B-1103(a)(5), and the trial court did not err in concluding that it had subject matter jurisdiction over the action.\nII\nRespondent mother next argues that the trial court erred by failing to appoint Andy a guardian ad litem (\u201cGAL\u201d) for the TPR proceeding. N.C. Gen. Stat. \u00a7 7B-1108(b) (2011) provides that when a parent files a response to a TPR petition or motion that \u201cdenies any material allegation of the petition or motion, the court shall appoint a guardian ad litem for the juvenile to represent the best interests of the juvenile, unless the petition or motion was filed by the guardian ad litem pursuant to G.S. 7B-1103, or a guardian ad litem has already been appointed pursuant to G.S. 7B-601 [providing for appointment of GALs for juveniles in abuse, neglect, and dependency proceedings].\u201d\nHere, respondent mother filed a response to the petition denying many of the material allegations of the petition and denying that grounds existed to terminate her parental rights. The petition was not filed by a GAL, and no GAL had previously been appointed for Andy in an abuse, neglect, and dependency proceeding. The trial court was, therefore, required to appoint Andy a GAL under N.C. Gen. Stat. \u00a7 7B-1108(b).\nHowever, respondent mother failed to object at trial to the failure of the trial court to appoint the child a GAL. This Court has previously held that in order to preserve for appeal the argument that the trial court erred by failing to appoint the child a GAL, a respondent must object to the asserted error below. See In re Fuller, 144 N.C. App. 620, 623, 548 S.E.2d 569, 571 (2001) (discussing \u201crespondent\u2019s noncompliance with our rules\u201d by failing to object to lack of GAL at trial level); In re Barnes, 97 N.C. App. 325, 326, 388 S.E.2d 237, 238 (1990) (holding \u201crespondent failed to comply with our Rules of Appellate Procedure\u201d because \u201cthere was no objection or exception made at trial to the court\u2019s failure to appoint a guardian ad litem\u201d for child). We are bound by these holdings, and respondent mother has, therefore, failed to preserve this issue for appeal. N.C.R. App. P. 10(a)(1).\nWe are aware that in both Fuller and Barnes, this Court invoked Rule 2 of the Rules of Appellate Procedure in order to reach the issue whether the trial court erred by failing to appoint a GAL for the child and, in both cases, found prejudicial error in the failure to appoint a GAL. In re Fuller, 144 N.C. App. at 623, 548 S.E.2d at 571; In re Barnes, 97 N.C. App. at 326-27, 388 S.E.2d at 238-39. However, there is no indication in those cases, as there is here, that the appealing respondent had repeatedly chosen substance abuse over the child\u2019s welfare throughout the child\u2019s life and had almost entirely abdicated responsibility for the child to the petitioner. See In re Fuller, 144 N.C. App. at 620, 548 S.E.2d at 569; In re Barnes, 97 N.C. App. at 326-27, 388 S.E.2d at 238-39.\nRule 2 of the Rules of Appellate Procedure provides that \u201c[t]o prevent manifest injustice to a party... either court of the appellate division may, except as otherwise expressly provided by these rules, suspend or vary the requirements or provisions of any of these rules____\u201d We do not believe, under the facts of this case, that suspension of rules is required to prevent manifest injustice to respondent mother or Andy. We, therefore, affirm the order of the trial court.\nAffirmed.\nChief Judge MARTIN and Judge STROUD concur.\n. The pseudonym \u201cAndy\u201d is used throughout this opinion to protect the child\u2019s privacy and for ease of reading.\n. Although the order also terminated the rights of respondent father, he is not a parly to this appeal.",
        "type": "majority",
        "author": "GEER, Judge."
      }
    ],
    "attorneys": [
      "Lauren Vaughan for petitioner-appellee.",
      "Richard Croutharmelfor respondent-appellant."
    ],
    "corrections": "",
    "head_matter": "IN RE A.D.N., A Minor Child\nNo. COA13-709\nFiled 3 December 2013\n1. Termination of Parental Rights \u2014 subject matter jurisdiction \u2014 standing\nThe trial court did not err by concluding that it had subject matter jurisdiction in a termination of parental rights (TPR) case. The evidence supported the trial court\u2019s ultimate finding that the minor child resided continuously with petitioner paternal grandmother for the two-year period immediately preceding the filing of the petition. Consequently, petitioner had standing to file the TPR petition under N.C.G.S. \u00a7 7B-1103(a)(5).\n2. Appeal and Error \u2014 preservation of issues \u2014 failure to object\u2014 failure to appoint guardian ad litem for minor\nAlthough respondent mother urged the Court of Appeals to reverse a termination of parental rights order based on the trial court\u2019s failure to appoint the minor child a guardian ad litem, respondent did not preserve this issue for appeal based on her failure to object at trial. Under the facts of this case, suspension of the appellate rules was not required to prevent manifest injustice to respondent or the minor child.\nAppeal by respondent from order entered 1 April 2013 by Judge Peter Mack in Carteret County District Court. Heard in the Court of Appeals 28 October 2013.\nLauren Vaughan for petitioner-appellee.\nRichard Croutharmelfor respondent-appellant."
  },
  "file_name": "0054-01",
  "first_page_order": 64,
  "last_page_order": 76
}
