NC General Statutes

N.C. Gen. Stat. § 48-2-202 (2026)

No right to jury

✓ current as of July 2026

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All proceedings under this Chapter must be heard by the court without a jury. (1995, c. 457, s. 2.)

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 2002–2022 · leading case: In Re Adoption of Shuler, 590 S.E.2d 458 (N.C. Ct. App. 2004).

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In Re Adoption of Shuler, 590 S.E.2d 458 (N.C. Ct. App. 2004). · cites it 2× “N.C. Gen. Stat. § 48-2-202 (2003). “ ‘Our scope of review, when the Court plays such a dual role, is to determine whether there was competent evidence to support its findings of fact and whether its conclusions of law were proper in light of such facts.”

In re Adoption Of: C.H.M., 788 S.E.2d 594 (N.C. Ct. App. 2016). · cites it 2× “" N.C. Gen.Stat. § 48-2-202 (2015). Our scope of review, when the [c]ourt plays such a dual role, is to determine whether there was competent evidence to support its findings of fact and whether its conclusions of law were proper in light of such facts.”

In Re the Adoption of K.A.R., 696 S.E.2d 757 (N.C. Ct. App. 2010). · cites it 2× “Specifically, petitioners contend that Alvarez failed to provide the reasonable and consistent support required to make his consent to the adoption necessary under North Carolina General Statutes, section 48-3-601(2) (b) (4)(II).”

In re Adoption of C.H.M., 812 S.E.2d 804 (N.C. 2018). · cites it 6× “” N.C.G.S. § 48-2-202 (2017). Therefore, when the trial court acts as fact finder and judge, it must determine “whether there was competent evidence to support its findings of fact and whether its conclusions of law were proper in light of such facts.”

In Re the Adoption of Cunningham Ex Rel. Cunningham, 567 S.E.2d 153 (N.C. Ct. App. 2002). · cites it 2× “The remaining assignments of error are condensed into the following three issues: (1) whether the trial court erred in concluding that DSS did not consent to the adoption of the three minor children by petitioners; (2) whether the trial court’s findings are supported by…”

In re the Adoption of S.K.N., 735 S.E.2d 382 (N.C. Ct. App. 2012). · cites it 2× “Pursuant to N.C. Gen. Stat. § 48-2-202 (2011), adoption proceedings are heard by the trial court without a jury.”

Fisher, 745 S.E.2d 883 (N.C. Ct. App. 2013). · cites it 2× “N.C. Gen. Stat. § 48-2-202 (2011). Accordingly, our review of a trial court’s order in an adoption proceeding is “whether there was competent evidence to support the trial court’s findings of fact and whether its conclusions of law were proper in light of such facts.”

In re: B.M.T. (N.C. Ct. App. 2022). “§ 48-2-202 (2021). “Our scope of review, when the Court plays such a dual role, is to determine whether there was competent evidence to support its findings of fact and whether its conclusions of law were proper in light of such facts.”

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