In Re Custody of Simpson

Our first question is whether Judge Gwyn had original jurisdiction to hear and pass upon the questions presented by the petition.

The only procedure for the adoption of minors is that prescribed by G.S. Chapter 48. “Adoption shall be by a special proceeding before the clerk of the superior court.” G.S. 48-12. A superior court judge has no jurisdiction in adoption proceedings except upon appeal from the clerk. See G.S. 48-21 and G.S. 48-27. There is nothing in the evidence concerning an adoption proceeding, if any, filed by petitioners except the allegation that “your petitioners are in the…