Heard in the Court of Appeals 18 September 1996.
Plaintiffs are the maternal grandparents of defendant's two minor children.
On 31 July 1995 plaintiffs filed a Complaint and Motion for Temporary Custody in Durham County District Court seeking custody of the minor children. At the time of the complaint, Samantha E. Ferrell was three years old, and Amanda Lynn Sharp was eighteen months old. The children were born out of wedlock and had different fathers. In this initial custody action, plaintiffs alleged that defendant had executed a notarized temporary custody authorization to plaintiffs effective 23 June 1995 until 1 August 1995, pending defendant's finding suitable housing. Plaintiffs asserted that they were fit and proper people to have custody of the minor children, and that it was in the best interest of the minor children to be in their custody.