Moore v. Moore, 365 S.E.2d 662 (N.C. Ct. App. 1988). · Go Syfert
Moore v. Moore, 365 S.E.2d 662 (N.C. Ct. App. 1988). Cases Citing This Book View Copy Cite
20 citation events (6 in the last 25 years) across 2 distinct courts.
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991 2008 2026
Cited for
365 S.E.2d at 663 Determining grandparent standing to seek visitation5 citing casesgrandparent has standing to seek visitation under N.C. Gen. Stat. § 50-13.2 (bl) only when “custody of minor children is being litigated1 citing court put it this way · 4 listed here
  • Umanzor v. Cornett, 929 S.E.2d 678 (N.C. Ct. App. 2026).unpublished
    Moore v. Moore, 89 N.C. App. 351, 353 , 365 S.E.2d 662, 663 (1988).
  • Fisher v. Gaydon, 477 S.E.2d 251 (N.C. Ct. App. 1996).published 2 cites
    (grandparent has standing to seek visitation under N.C. Gen. Stat. § 50-13.2 (bl) only when “custody of minor children is being litigated)
  • McIntyre v. McIntyre, 461 S.E.2d 745 (N.C. 1995).published 2 cites
    (holding that N.C.G.S. § 50-13.2(bl)
  • Graham v. Jones, 842 S.E.2d 153 (N.C. Ct. App. 2020).published 4 cites
    See Moore v. Moore, 89 N.C. App. 351, 353 , 365 S.E.2d 662, 663 (1988); (2) N.C. Gen.
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Ruth S. Moore and Robert Moore, Jr.
v.
Richard Lee Moore and Carol Wood Moore
8721DC658.
Court of Appeals of North Carolina.
Mar 15, 1988.
Published opinion
365 S.E.2d 662
1988 N.C. App. LEXIS 298
Victor M. Lefkowitz for plaintiff appellants. , Cofer, Mitchell and Tisdale, by Eddie C. Mitchell and Maureen T. Orbock, for defendant appellees.
Parker, Phillips, Wells.
Cited by 7 opinions  |  Published
Citer courts: Court of Appeals of North Caro… (1)
PHILLIPS, Judge.

Plaintiffs sued to obtain an order permitting them to visit defendants’ minor children on a regular basis and the court dismissed the action pursuant to defendants’ motion. Though the order is phrased as one of summary judgment under Rule 56, N.C. Rules of Civil Procedure, since it is based only upon an examination of the complaint, we treat it as a judgment on the pleadings pursuant to Rule 12(b)(6), N.C. Rules of Civil Procedure. Town of Bladenboro v. McKeithan, 44 N.C. App. 459, 261 S.E. 2d 260, appeal dismissed, 300 N.C. 202, 282 S.E. 2d 228 (1980). In substance the complaint alleges the following: Defendants, married for ten years, are living together with their three children and are fit and proper persons to have their custody; defendants’ custody of their children has never been challenged and is not challenged by plaintiffs who are the paternal grandparents of the children; in September 1986 because of differences about a business matter defendants stopped plaintiffs from visiting the children; before then plaintiffs visited the children often and the children often visited them; the children greatly benefited from the visits and their best interests would be served by the court entering an order confirming defendants’ custody of the children and permitting plaintiffs to resume visiting them on a regular basis.

The allegations do not state a claim for which our law authorizes relief, Rule 12(b)(6), N.C. Rules of Civil Procedure, and the order dismissing the complaint is affirmed. It is fundamental that[*353] parents who have lawful custody of their minor children have the prerogative of determining with whom their children shall associate, and in a similar case a grandmother’s action to enforce her claimed visitation rights was dismissed. Acker v. Barnes, 33 N.C. App. 750, 236 S.E. 2d 715, cert. denied, 293 N.C. 360, 238 S.E. 2d 149 (1977). The only possible authority for plaintiffs’ claim is that since Acker was decided the General Assembly amended the statutes governing the custody of children to provide that “[a]n order for custody of a minor child may provide visitation rights for any grandparent of the child as the court, in its discretion, deems appropriate.” G.S. 50-13.2(bl). While this provision authorizes the court to provide for the visitation rights of grandparents when the custody of minor children is being litigated, it does not authorize the court to enter such an order when the custody of the children is not even in issue. That the children would benefit from the visits, as we must assume that they would, Smith v. Ford Motor Co., 289 N.C. 71, 221 S.E. 2d 282 (1976), is not enough by itself to make the action enforceable. For our courts have no blanket commission from the law to control children for their benefit, but can only exercise dominion over them as the law authorizes, and the trial judge had no authority to exercise dominion over defendants’ children in this instance.

Affirmed.

Judges WELLS and Parker concur.