Comer v. Comer

EAGLES, Judge.

This appeal raises the sole issue of whether the trial judge erred in granting custody of plaintiff’s minor child to the child’s paternal aunt and uncle upon the death of the child’s father. Appellant argues that the custody rights of the biological mother should control and the wishes of the eleven year, eleven month old child should not govern.

G.S. 50-13.2(a) sets the standard for awarding custody of a minor child as follows:

An order for custody of a minor child entered pursuant to this section shall award the custody of such child to such person, agency, organization or…