Court of Appeals Affirms Dismissal of Davidson County Custody Case

On December 20, 2016, the North Carolina Court of Appeals affirmed an order entered by the Davidson County District Court dismissing a stepmother’s custody action due to a separate proceeding in Davidson County Superior Court which awarded guardianship of the minor children to their paternal aunt and uncle.

In Corbett v. Lynch, the Court of Appeals considered the jurisdictional relationship between Chapter 35A guardianship proceedings before a clerk of superior court and a Chapter 50 custody action before a district court judge. The Court concluded that the appointment of the aunt and uncle as general guardians by the clerk of superior court in the Chapter 35A guardianship proceeding rendered the stepmother’s Chapter 50 custody action moot. The Court stated that because custody was decided as part of the guardianship proceeding, a final determination in the Chapter 50 custody action would have had no practical effect on the controversy regarding custody.

Allman Spry family law attorneys Kim R. Bonuomo and Bennett D. Rainey successfully represented the Defendant-Appellee in Corbett v. Lynch. Kim, a partner at Allman Spry Davis Leggett & Crumpler, P.A., is a North Carolina Board Certified Family Law Specialist who has practiced family law exclusively for over 20 years. Kim’s experience and knowledge in family law is evidenced by her membership as a Fellow in the highly esteemed American Academy of Matrimonial Lawyers (AAML). Bennett joined Allman Spry in 2014 and focuses his practice on family law and appellate law matters such as child custody and child support, post-separation support, alimony, equitable distribution, and divorce.