Volume 15 — North Carolina Court of Appeals Reports

1. Divorce and Alimony 24; Infants 9 — modification of custody order — change in circumstances A change in circumstances affecting the welfare of a child must be shown before an order relating to the child's custody may be modified. G.S. <cross_reference>50-13.7</cross_reference>. 2. Divorce and Alimony 24; Infants 9 — change in custody — changed circumstances — improved health of mother There was a sufficient change in circumstances affecting the welfare of the two oldest children of the parties to support the court's order changing their custody from the father to the mother where, at the time custody was awarded to the father, the mother was not capable of providing proper care for all three children of the parties because of her poor physical and emotional condition, but her condition has improved so that she is now physically and emotionally capable of caring for all three children. 3. Divorce and Alimony 24; Infants 9 — abandonment of spouse — effect on child custody Whether the mother abandoned the father within the meaning of G.S. <cross_reference>50-7</cross_reference> (1) is not controlling on the question of child custody. 4. Evidence 44 — non-expert testimony as to health Non-expert witnesses who had observed plaintiff over a period of time were properly allowed to describe the state of plaintiff's health and to compare it with that existing at a prior time.