Johns v. Welker

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.

*178I. Background

The factual background to this case is laid out in the opinion in the companion adoption case, In re Adoption of S.D.B.,_N.C. App._, _S.E.2d_(2013) (2 July 2013) (COA12-1362). Thus, we will address only the relevant procedural history here.

Sean was bom on 10 October 2010. On 2 November…