JOHNS v. WELKER

No. COA12-1154.

744 S.E.2d 486 (2013)

Gregory JOHNS, Plaintiff/Father, v. Laura Marshburn WELKER, Defendant/Mother, v. Benjamin and Heather Jones, Defendants/Physical Custodians, v. Christian Adoption Services, Defendant/Legal Custodian.

Court of Appeals of North Carolina.

July 2, 2013.


Attorney(s) appearing for the Case

Jonathan McGirt , for plaintiff-appellant father.

Thurman, Wilson, Boutwell & Galvin, P.A., Charlotte, by John D. Boutwell , for defendants-appellees.


STROUD, Judge.

Gregory Johns ("plaintiff") appeals from an order entered 26 January 2012 in District Court, Mecklenburg County, dismissing his action for custody of "Sean,"1 a minor child and plaintiff's biological son. For the following reasons, we reverse and remand this case to the trial court.

I. Background

The factual background to this case is laid out in the opinion in the companion adoption case, In re Adoption...

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