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SIDES v. IKNER

No. COA12-165.

730 S.E.2d 844 (2012)

Chad Lee SIDES, Plaintiff, v. Charity IKNER, (Now Smith), Defendant, v. Tamara Leonard, Intervenor.

Court of Appeals of North Carolina.

August 21, 2012.

Attorney(s) appearing for the Case

Terry F. Rose , Smithfield, and George R. Murphy , for plaintiff-appellant.

Cecil B. Jones , Dunn, for intervenor-appellee.

STROUD, Judge.

This appeal arises from a custody dispute between plaintiff, father of Luke1 ("Father"), the minor child, and intervenor, maternal grandmother of Luke ("Grandmother"). The trial court awarded Grandmother primary physical custody of Luke and Father secondary physical custody. Father appealed. For the following reasons, we conclude that the trial court erred in concluding that Father "acted inconsistently with [his] parental...

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