Domestic Relations – Parent & Child – Termination of Parental Rights – Civil Practice – Evidence – Psychologist

In re K.G.W. (Lawyers Weekly No. 011-340-16, 9 pp.) (Donna Stroud, J.) Appealed from Haywood County District Court (Roy Wijewickrama, J.) N.C. App.

Holding: Contrary to respondent’s arguments, the trial judge did not directly rule on respondent’s request to allow psychologist Dr. Sandra Newes to testify as an expert witness; rather, the judge determined that, even if Dr. Newes were an expert in the field of clinical psychology, since she had not examined the child and had no experience in DSS cases, she did not have any evidence to offer him as the trier of fact that he would deem to be credible and persuasive. As the trier of fact, the judge was free to determine the credibility of the evidence and weigh it as he saw fit.

We affirm the trial court’s order terminating respondent’s parental rights.