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246 N.C. 200

97 S.E.2d 683

Holmes v. Sanders

Supreme Court of North Carolina · decided 1957-05-01

Key passage — most relied on by later courts

““There is plenary competent evidence to support Judge Bickett’s findings of fact, and his findings of fact support his judgment. The findings of fact by Judge Williams and Judge Bickett clearly show there are substantial reasons to deprive petitioner of the custody of his child. Judge Bickett’s judgment is in accord with our decisions that the child’s welfare is the paramount consid eration, and that a parent’s love must yield to another if, after judicial investigation, it is found that the best interest of the child is subserved thereby.””

quoted by 1 later decision, including 5 N.C. App. 160 - Greer v. Greer

“Where there are unusual circumstances and the best interest of the child justifies such action, a court may refuse to award cus tody to either the mother or father and instead award the custody of the child to grandparents or others. There may be occasions where even “a parent’s love must yield to another if after judicial investigation it is found that the best interest of the child is sub-served thereby.””

quoted by 1 later decision, including David N. v. Jason N.

Relies on Finlay v. Finlay · James v. Pretlow · Richter v. Harmon

Good law ✅— No negative treatment on recordhow we know

Decided 1957-05-01

How this case has been cited

Cited by 23 later decisions — most recently March 2005

23 state decisions

110195719601970198019902000decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Pee Curiam.

¶1 There is plenary competent evidence to support Judge Bickett’s findings of fact, and his findings of fact support his judgment. The findings of fact by Judge Williams and Judge Bickett clearly show there are substantial reasons to deprive petitioner of the custody of his child. Judge Bickett’s judgment is in accord with our decisions that the child’s welfare is the paramount consideration, and that a parent’s love must yield to another if, after judicial investigation, it is found that the best interest of the child is subserved thereby. James v. Pretlow, 242 N.C. 102, 86 S.E. 2d 759; Finley v. Sapp, 238 N.C. 114, 76 S.E. 2d 350; Atkinson v. Downing, 175 N.C. 244, 95 S.E. 487.

¶2 Petitioner contends Ransome Solomon Holmes’ domicile is in Washington, D. C., and the court below lacked jurisdiction. The child has been living with his maternal grandparents in Johnston County, North Carolina, since the day before Thanksgiving 1954. Petitioner came into this State, and invoked the jurisdiction of our courts. The answer to petitioner’s contention is given by Cardozo, J., speaking for the Court in -Finlay v. Finlay, 240 N.Y. 429, 148 N.E. 624, 40 A.L.R. 937, quoted with approval and followed by this Court in Richter v. Harmon, 243 N.C. 373, 90 S.E. 2d 744: “The jurisdiction of a state to regulate the custody of infants found within its territory does not depend upon the domicile of the parents. It has its origin in the protection that is due to the incompetent or helpless. Citing authorities. For this, the residence of the child suffices, though the domicile be elsewhere.”

¶3 All of petitioner’s assignments of error are overruled.

¶4 The judgment entered by Judge Bickett is

¶5 Affirmed.

/246/nc/200 · .json · Public domain