Best v. Gallup, 215 N.C. App. 483

Plaintiff and Defendant informally adopted and raised Defendant's niece Ruth starting in 2004.
Defendant legally adopted Ruth in 2008.
Plaintiff and Defendant planned marriage so Plaintiff could legally adopt Ruth after his Iraq deployment.
While Plaintiff was in Iraq, Defendant informed him she was leaving.
Plaintiff filed a verified custody complaint on 3 February 2010; Defendant moved to dismiss or transfer venue on 10 February 2010 and to dismiss for lack of standing on 5 March 2010.
The 12 March 2010 motions hearing, intended only for venue/standing, became a custody merits proceeding with testimony; on 10 June 2010 the court dismissed the custody case (undisclosed grounds) after denying venue and standing, prompting this appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Defendant acted inconsistently with paramount parental status	Plaintiff argues the trial court's findings support inconsistency	Defendant argues she did not act inconsistently with her parental status	Yes; Defendant acted inconsistently; the custody dismissal was error.
Whether the best interests standard supports visitation for Plaintiff	Plaintiff contends best interests support his visitation rights	Defendant contends best interests were properly considered and visitation appropriately decided	Yes; best interests support visitation; reverse and remand for custodial schedule.

Price v. Howard, 346 N.C. 68, 484 S.E.2d 528 (1997) (parental status and nonparent custody under defined standards)
Boseman v. Jarrell, 364 N.C. 537, 704 S.E.2d 494 (2010) (parental status and nonparent custody; cautions on paramount status)
Mason v. Dwinnell, 190 N.C.App. 209, 660 S.E.2d 58 (2008) (when parent relinquishes custody to nonparent, may lose paramount status)
Estroff v. Chatterjee, 190 N.C.App. 61, 660 S.E.2d 73 (2008) (focus on parental intent during formation of nonparent relationship)