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RIVERA v. MATTHEWS

No. COA18-359.

824 S.E.2d 164 (2019)

Jose E. RIVERA, Plaintiff, v. Ricky L. MATTHEWS and Wife Jo Matthews, and Lee County Department of Social Services, Defendants.

Court of Appeals of North Carolina.

Filed: February 5, 2019.

Attorney(s) appearing for the Case

THE LAW OFFICE OF ERIKA R. BALES, PLLC, by Erika R. Bales , Durham, for Plaintiff-Appellant.

POST, FOUSHEE & PATTON, P.A., by Kristy Gaines Patton , for Defendants-Appellees Ricky L. and Jo Matthews.

Elizabeth Myrick Boone for Defendant-Appellee Lee County Department of Social Services.

Plaintiff-Appellant Jose E. Rivera ("Plaintiff") appeals from an order dismissing his complaint for custody of his maternal grandchild under Sections 50-13.1 and 50A-101 of the North Carolina General Statutes. In dismissing the complaint, the trial court held that, due to an unabated pre-existing child custody action between the child...

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