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IN RE A.P.

No. COA05-1105.

634 S.E.2d 561 (2006)

In the Matter of A.P., Minor child.

Court of Appeals of North Carolina.

September 5, 2006.

Attorney(s) appearing for the Case

Katharine Chester, Siler City, for appellant respondent-mother.

Theresa A. Boucher, Winston-Salem, for petitioner-appellee Forsyth County Department of Social Services.

Womble, Carlyle, Sandridge & Rice, P.L.L.C., by Randi B. Weiss, Winston-Salem, for guardian ad litem-appellee.

Robert T. Newman, Siler City, for appellee respondent-father.

ELMORE, Judge.

This case arises from a custody dispute between A.P.'s mother (respondent), the Forsyth County Department of Social Services (DSS), and A.P.'s biological father, William. For the reasons stated herein, we reverse the decision of the district court and remand for an evidentiary hearing determining who is best suited to care for A.P.

On 7 November 2003 DSS filed a petition alleging: 1) that A.P. was a neglected and dependent juvenile, and 2) that...

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