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MONTGOMERY v. MONTGOMERY

No. COA99-315.

524 S.E.2d 360 (2000)

Charles Allen MONTGOMERY and Janice Stewart Montgomery Overby, Plaintiffs-appellants, v. Karen Cummings MONTGOMERY, Defendant-appellee.

Court of Appeals of North Carolina.

January 18, 2000.

Attorney(s) appearing for the Case

Peebles & Schramm, by John J. Schramm, Jr. and Erin L. Williams, Winston-Salem, for the plaintiffs-appellants.

K. Clay Dawson, P.A., by Kenneth Clayton Dawson, Winston-Salem, for the defendant-appellee.

WYNN, Judge.

N.C. Gen.Stat. § 50-13.1(a) (1995) permits grandparents to seek visitation with their grandchildren when there is no ongoing custody proceeding and the children are not living in an "intact family". McIntyre v. McIntyre, 341 N.C. 629, 461 S.E.2d 745 (1995). In this case, paternal grandparents appeal to us to hold that since their son is deceased and had separated from his...

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