David v. Ferguson

BRYANT, Judge.

This case comes before us on remand from the North Carolina Supreme Court for reconsideration of our decision in light of its holding in Rosero v. Blake, 357 N.C. 193, 581 S.E.2d 41 (2003) that the common law presumption in favor of awarding custody to the mother of an illegitimate child has been abrogated by statutory and case law. Id. at 199, 581 S.E.2d at 45; see N.C.G.S. § 50-13.2(a) (2001).

In the case sub judice, defendant-mother contended the trial court had erred by applying the best interest of the child standard in awarding joint custody of the parties’ illegitimate…