IN THE MATTER OF Wake County
C.A.C. No. 02 J 354
No brief for petitioner-appellee.
Patricia K. Gibbons for guardian ad litem-appellee.
WOODRUFF, REECE & FORTNER, by Michael J. Reece, for
respondent-appellant.
TIMMONS-GOODSON, Judge.
Respondent appeals the trial court order terminating her
parental rights to her minor daughter, Cathy.
(See footnote 1)
For the reasons
discussed herein, we affirm the trial court order.
The facts and procedural history pertinent to the instant
appeal are as follows: On 16 May 2002, petitioner, Cathy's
biological father, filed a petition (the petition) to terminate
respondent's parental rights. The petition contained the following
allegations:
5. The Respondent has willfully abandoned and
neglected [Cathy] under the meaning of North
Carolina General Statute § 7B-111[1](7) by
willfully refusing and neglecting to performthe natural and legal obligations of parental
care and support and by willfully refusing to
provide contact, love, affection, support and
maintenance to [Cathy] since December 16, 1999
as follows:
a. Respondent has made no effort to
have physical contact with [Cathy]
by way of visitation and has not
requested visitation since December
20, 1999;
b. Respondent has not sent any
correspondence, including birthday
cards, letters, notes, etc., and has
not sent [Cathy] any birthday,
Christmas or any other gifts since
[Cathy] has been in the custody of
the Petitioner;
c. The Respondent has made four (4)
telephone calls to [Cathy] within
the first year that [Cathy] resided
with Petitioner and has had no
further telephone contact with
[Cathy] since August of 2000;
d. The Respondent has not provided
any love, affection, parental
support, care or concern for [Cathy]
since on or before December 20,
1999;
e. The Respondent has failed to