An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Proced ure.

NO. COA03-923


Filed: 15 June 2004

IN THE MATTER OF             Wake County            
C.A.C.                        No. 02 J 354

    Appeal by respondent from order entered 9 January 2003 by Judge Ann Marie Calabria in Wake County District Court. Heard in the Court of Appeals 24 May 2004.

    No brief for petitioner-appellee.

    Patricia K. Gibbons for guardian ad litem-appellee.

    WOODRUFF, REECE & FORTNER, by Michael J. Reece, for respondent-appellant.


    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