Corbett v. LynchÂ
251 N.C. App. 40
| N.C. Ct. App. | 2016Background
- Children Max and Allison (Irish citizens) lived with their father Jason Corbett and his wife (Appellant Stepmother); mother died in 2006. Stepmother became their au pair and later married Jason; she desired to adopt but Jason did not consent. Jason died in 2015.
- Jason’s will named his sister, Tracey Lynch (Aunt, Appellee), and her husband as testamentary guardians.
- Stepmother filed for superior-court guardianship and stepparent adoption (Aug 4, 2015) and, the next day, filed a Chapter 50 custody action in district court and obtained an ex parte temporary emergency custody order.
- Aunt filed guardianship applications before the clerk of superior court and responded in the district-court action. On Aug 17, 2015 the clerk awarded general guardianship of both children to Aunt and her husband.
- The district court dismissed Stepmother’s Chapter 50 custody petition as moot/foreclosed by the clerk’s guardianship award; Stepmother appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the district court retained subject‑matter jurisdiction to decide a Chapter 50 custody action after the clerk of superior court appointed a general guardian under Chapter 35A | Corbett argued district court had jurisdiction and dismissal was error | Lynch argued the clerk’s appointment of a general guardian (an incident of which is custody) divests the district court of practical authority and renders the Chapter 50 action moot | The Court of Appeals affirmed dismissal: the clerk’s appointment of a general guardian vested custody in the guardians under Chapter 35A and rendered the Chapter 50 action moot; custody disputes must proceed in the guardianship forum under Chapter 35A |
Key Cases Cited
- Petersen v. Rogers, 337 N.C. 397 (N.C. 1994) (parents have constitutionally protected paramount right to custody)
- Petition of Loudin, 101 R.I. 35 (R.I. 1966) (appointment of a guardian supersedes and contains custody)
- McKoy v. McKoy, 202 N.C. App. 509 (N.C. Ct. App. 2010) (custody disputes involving a person with a Chapter 35A guardian belong in the clerk/superior court guardianship forum)
- Roberts v. Madison Cnty. Realtors Ass'n, Inc., 344 N.C. 394 (N.C. 1996) (mootness doctrine: dismiss when judgment would have no practical effect)