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Penland v. Harris

520 S.E.2d 105 (1999)

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Penland v. Harris

North Carolina Court of Appeals
520 S.E.2d 105 (1999)

Facts

After Angela Harris (defendant) gave birth to her daughter, she and her daughter lived with her mother, Brenda Penland (plaintiff), and the mother’s husband, David Penland (plaintiff), while Angela earned a nursing degree. During that time, the Penlands claimed they assumed parental roles, providing the child with food, private schooling, and healthcare, and ensuring a stable environment. When the child was almost six, Angela married Andrew Harris and took the child with her to live with her at Andrew’s apartment. The Penlands had little contact with Angela. Unhappy with the new arrangement, the Penlands filed an action seeking joint custody of the child, claiming that they should have custody and control at least 50 percent of the time. They argued such a custody award was in the child’s best interests. As support, they expressed their disapproval of Andrew, Andrew’s residence, and the Harrises’ babysitters, and expressed concern that Angela might not permit the child to attend the private school or church she had previously attended. Angela moved to dismiss the petition, arguing that because she was the child’s biological parent and was fit to care for the child, the Penlands did not have a viable claim for joint custody. The trial court agreed and dismissed the Penlands’ petition. The Penlands appealed.

Rule of Law

Issue

Holding and Reasoning (Martin, J.)

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