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MASON v. DWINNELL

No. COA07-176.

660 S.E.2d 58 (2008)

Joellen MASON, Plaintiff v. Irene DWINNELL, Defendant.

Court of Appeals of North Carolina.

May 6, 2008.

Attorney(s) appearing for the Case

Gabriela J. Matthews & Associates, P.A., by Gabriela J. Matthews, Durham; and Tharrington Smith, L.L.P., by Jill Schnabel Jackson and Jaye Meyer, Raleigh, for plaintiff-appellee.

Darsie, Sharpe, Mackritis & Dukelow, P.L.L.C., by Lisa M. Dukelow, Durham, for defendant-appellant.

Blan V. Minton, Swannanoa; Latham & Watkins, L.L.P., by Robyn L. Ginsberg and Kendall C. Burman, Washington, DC; and Center on Children and Families, by Barbara Bennett Woodhouse, Philadelphia, PA, for amici curiae National Association of Social Workers and National Association of Social Workers, North Carolina Chapter.

Professor Suzanne Reynolds, Winston-Salem, for amicus curiae North Carolina Association of Women Attorneys.

GEER, Judge.

Defendant Irene Dwinnell appeals from the trial court's order awarding permanent joint legal and physical custody of her minor child to Dwinnell and her former domestic partner, plaintiff Joellen Mason. It is important to first observe that the factual context of this case — involving same sex domestic partners — is immaterial to the proper analysis of the legal issues involved. The fundamental question presented by this appeal is whether...

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