Rose v. Powell, 2023-NCCOA-______ (2023).
- Facts: Plaintiffs were the biological grandparents of the minor child in this case. Plaintiffs’ son, Jacob Chandler Rose, unexpectedly passed away. At the time of his death, the Defendant, Jacob’s wife, was pregnant with Jacob’s child, later named Aubrey, born on April 30, 2019. The Plaintiffs embraced their role as grandparents to Aubrey and spent time together, forming a close bond until May 2021. During this period, they assisted the Defendant with legal matters related to social security claims and provided financial support for Aubrey’s baptism. However, in May 2021, the Defendant severed contact between the Plaintiffs and Aubrey, resulting in a cessation of visitation. The Plaintiffs responded by seeking secondary custody of Aubrey on November 29, 2021. The Defendant, on February 2, 2022, filed a motion to dismiss and countered with requests for temporary and permanent custody, along with child support arrangements. The case was heard on August 15, 2022, the court issued an order dismissing the case. The Plaintiffs appealed this decision.