{
  "id": 11919334,
  "name": "MICHAEL CHRISTOPHER KELLY, Plaintiff v. DEENA BARNHARDT BLACKWELL and GARY RAY BLACKWELL, Defendants",
  "name_abbreviation": "Kelly v. Blackwell",
  "decision_date": "1996-02-20",
  "docket_number": "No. COA95-393",
  "first_page": "621",
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  "last_updated": "2023-07-14T20:54:48.563497+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
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  "casebody": {
    "judges": [
      "Chief Judge ARNOLD and Judge LEWIS concur."
    ],
    "parties": [
      "MICHAEL CHRISTOPHER KELLY, Plaintiff v. DEENA BARNHARDT BLACKWELL and GARY RAY BLACKWELL, Defendants"
    ],
    "opinions": [
      {
        "text": "WALKER, Judge.\nPlaintiff is the natural father of two minor children born during his marriage to defendant Deena Blackwell. On 20 January 1993, plaintiff consented to the adoption of the children by defendant Gary Blackwell, the children\u2019s stepfather. In a complaint filed 8 August 1994, plaintiff sought visitation with the children based on allegations of sexual abuse inflicted on the children by defendant Gary Blackwell. On 29 September 1994, plaintiff amended his complaint to include a prayer for custody of the minor children, alleging neglect and unfitness on the part of defendant Deena Blackwell. On 23 January 1995, the trial court granted defendant Deena Blackwell\u2019s motion to dismiss pursuant to Rule 12(b)(6) of the North Carolina Rules of Civil Procedure. Plaintiff filed timely notice of appeal.\nThis case presents the question of whether a natural parent who has consented to the adoption of his or her children can thereafter bring an action against the natural parent and adoptive parent for custody and/or visitation of the children. We hold that in this case he cannot. N. C. Gen. Stat. \u00a7 48-23(2) (1991) states that a biological parent of an adopted person\nshall, from and after the entry of the final order of adoption, be relieved of all legal duties and obligations due from [that parent] to the person adopted, and shall be divested of all rights with respect to such person.\nId. (emphasis added). The \u201crights\u201d referred to in the statute necessarily include standing to seek custody and/or visitation with the adopted children). See Rhodes v. Henderson, 14 N.C. App. 404, 407-08, 188 S.E.2d 565, 567 (1972) (natural mother who consented to adoption of child had no greater right to custody of child than that of a stranger to the child).\nPlaintiffs action does not contest the validity of the adoption decree entered in 1993. Nonetheless, in spite of the language of N.C. Gen. Stat. \u00a7 48-23(2), plaintiff argues that his action for custody and visitation of the children is authorized by N.C. Gen. Stat. \u00a7 50-13.1. That statute provides that \u201c[a]ny parent, relative, or other person, agency, organization or institution claiming the right to custody of a minor child\u201d may institute an action for custody of the child. N.C. Gen. Stat. \u00a7 50-13.1(a) (1995). Plaintiff claims that this \u201cexpansive language\u201d recognizes his right, as an \u201cother person,\u201d to seek custody of the children even after having consented to their adoption by defendant Gary Blackwell. We disagree. A person seeking custody under N.C. Gen. Stat. \u00a7 50-13.1 must be able to claim a right to such custody. As we have already stated, plaintiff lost that right when he consented to the adoption of the children. Thus, he now has no standing to maintain the instant action.\nFor the foregoing reasons, we hold the trial court properly granted defendant Deena Blackwell\u2019s 12(b)(6) motion to dismiss. The order of the trial court is\nAffirmed.\nChief Judge ARNOLD and Judge LEWIS concur.",
        "type": "majority",
        "author": "WALKER, Judge."
      }
    ],
    "attorneys": [
      "Randolph and Fischer, by J. Clark Fischer, for plaintiff-appellant.",
      "Morrow, Alexander, Tash & Long, by C.R. \u201cSkip\u201d Long, Jr., for defendant-appellee Deena Blackwell."
    ],
    "corrections": "",
    "head_matter": "MICHAEL CHRISTOPHER KELLY, Plaintiff v. DEENA BARNHARDT BLACKWELL and GARY RAY BLACKWELL, Defendants\nNo. COA95-393\n(Filed 20 February 1996)\nInfants or Minors \u00a7 35 (NCI4th)\u2014 natural parent who consented to adoption of own children \u2014 no standing to seek custody and visitation\nA natural parent who has consented to the adoption of his or her children cannot thereafter bring an action against the natural parent and adoptive parent for custody or visitation of the children. N.C.G.S. \u00a7 48-23(2).\nAm Jur 2d, Infants \u00a7\u00a7 28 et seq.\nRight of parent to regain custody of child after temporary conditional relinquishment of custody. 35 ALR4th 61.\nAppeal by plaintiff from order entered 23 January 1995 by Judge George T. Fuller in Davie County District Court. Heard in the Court of Appeals 24 January 1996.\nRandolph and Fischer, by J. Clark Fischer, for plaintiff-appellant.\nMorrow, Alexander, Tash & Long, by C.R. \u201cSkip\u201d Long, Jr., for defendant-appellee Deena Blackwell."
  },
  "file_name": "0621-01",
  "first_page_order": 655,
  "last_page_order": 657
}