North Carolina Adoption Court Cases |
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North Carolina Court Case: In re Brake an order filed 24 May 1994 in the District Court, Vance County, the minor child, Christopher Brake, who was then five years old, was adjudicated an abused and neglected juvenile. He was removed from the legal and physical custody of his mother, respondent Tammy West. He was placed into nonsecure custody with DSS. Periodic reviews of the juvenile's placement were...
North Carolina Court Case: In re YoungThe evidence presented at trial tended to show the following facts and circumstances. Petitioner, James Daniel Young, and respondent, Dawn Christian Hayward, are the parents of Eric James Miguel Young (Eric). Eric was born on 6 August 1992. Respondent had previously given birth to a child that she gave up for adoption. Petitioner and respondent never married but lived together for approximately two months following Eric's birth. After petitioner moved out, Eric stayed with respondent...
North Carolina Court Case: In re ByrdThe question presented for review in this case is whether the consent of a putative father must be obtained before an adoption may proceed when the putative father has conditioned his acknowledgment of fatherhood and support of mother and child upon proof of biological paternity. The Court of Appeals held that the putative father's consent was not required under the circumstances of the case. In re Adoption of Byrd, 137 N.C. App. 623, 632, 529 S.E.2d 465, 471 (2000). For the reasons set forth below, we uphold this result...
North Carolina Court Case: Ward v. HowardThe petition for adoption alleged that Mary Elizabeth Presnell was a ward of the "Children's Home Society of North Carolina, Inc.," the office of which was located at Greensboro, North Carolina; that the child at that time was living with the petitioners and dependent upon the Children's Home Society of North Carolina for support, and that legal custody of the ward was vested in the society...
North Carolina Court Case: In re MorrisThese pertinent facts, appearing in the record on this appeal, are sufficient and necessary to present the determinative question on the appeal:
In a proceeding entitled "In the Matter of Augustus Reynolds Morris," in the Domestic Relations Court of Buncombe County, upon petition of W. T. Morris, paternal uncle, and regarding the custody of Augustus Reynolds Morris, minor child of Ben W. Morris and Edith Sluder Morris, who were then divorced, and after notice to the respondents...
North Carolina Court Case: Wilson v. AndersonThese are the facts alleged in complaint of plaintiff and admitted in answer of defendants as shown in the record on this appeal:
I. Harry P. Hunter, a resident of Mecklenburg County, North Carolina, died intestate on 3 October, 1949, seized and possessed of certain specifically described real estate and certain personal property, in said county, and his nephew, A. K. Anderson, and his niece, Zoe Anderson Strawn, defendants herein, were appointed...
North Carolina Court Case: Estate of EdwardsWe are presented on this appeal with a single question of first impression: whether two natural children of a testatrix, born of a previous marriage and adopted with her consent by her second spouse, are considered her lineal descendants by the second marriage for the purpose of determining the second spouse's distributive share upon his dissent from testatrix's will pursuant...
North Carolina Court Case: In re TerryThe sole question presented is whether the natural mother of Maggie Lynn Terry timely revoked her consent to adoption of the child, thereby withdrawing from the Clerk of Superior Court the authority to enter the Final Order of Adoption on 15 November 1983. On 13 July 1983, Sandra Kay Kinder Summerall...
North Carolina Court Case: Hall v. PostThe plaintiffs, Susie Hall and her adoptive mother, Mary Hall, brought separate civil actions against the defendants for invasion of privacy. The actions were based upon two articles printed in The Salisbury Post and written by its special assignment reporter, Rose Post. The defendants answered asserting among other things that each plaintiff's complaint failed to state a claim upon which relief could be granted. The defendants moved for summary judgment...
North Carolina Court Case: Adoption of D. ClarkThe issues in this case are whether the Court of Appeals erred in reversing the trial court's order: (1) dismissing the adoption proceeding involving Daniel James Clark; and (2) holding that the adoption proceeding cannot proceed without the consent of the biological father of the child. We find no error or abuse of discretion in the trial court's order dismissing the adoption petition without prejudice to its refiling and finding that Mr. Lampe's consent was necessary before the adoption...
North Carolina Court Case: Peterson v. RogersIn September and October 1991 the trial court entered temporary orders granting custody of the child to DSS, placing him with plaintiffs, and appointing a guardian ad litem. Contemporaneously, plaintiffs filed an action seeking custody of the child. By consent of all parties the temporary orders were continued until trial on the merits of plaintiffs' action for custody. In the meantime plaintiffs also filed in the juvenile proceeding a motion in the cause requesting custody of the child...
North Carolina Court Case: McIntyre v. McIntyreOn 4 December 1992 plaintiffs Victor and Louise McIntyre filed a complaint against defendants Loring and Kathryn McIntyre seeking visitation rights with defendants' two minor children, Meghan and Rachel McIntyre, who at that time were ages seven and four respectively. Defendant Loring McIntyre is plaintiffs' son. Plaintiffs, as grandparents of Meghan and Rachel McIntyre, alleged that it was in the "best interest of the minor children that the Plaintiffs be granted visitation...