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BOBBITT EX REL. BOBBITT v. EIZENGA

No. COA10-1580.

715 S.E.2d 613 (2011)

Timothy Scott BOBBITT, by Sasha DeeAnn BOBBITT, his attorney-in-fact, Plaintiff, v. Kellie Lynn EIZENGA, Defendant.

Court of Appeals of North Carolina.

September 6, 2011.

Attorney(s) appearing for the Case

The Dummit Law Firm, Winston-Salem, by Cerene O. Setliff , for plaintiff.

No brief filed for defendant.

THIGPEN, Judge.

Timothy Bobbitt was convicted of attempted statutory rape of Kellie Eizenga, an act which resulted in the birth of a child.1 We must determine whether the trial court erred in dismissing Bobbitt's claim for visitation because of his conviction and sex offender status. Because there is no law preventing Bobbitt from claiming visitation rights with his child, we reverse and remand.

In November 2009, Bobbitt pled guilty...

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