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25 N.C. App. 90

212 S.E.2d 396

King v. Allen

Court of Appeals of North Carolina · decided 1975-03-05

Key passage — most relied on by later courts

“N.C. Gen. Stat. § 50-13.7 (a) sets forth the criteria necessary to modify a custody order. It states in pertinent part: "(a) An order of a court of this state for custody of a minor child may be modified or vacated at any time, upon motion in the cause and a showing of changed circumstances by either party[.]" Thus, "once the custody of a minor child is judicially determined, that order of the court cannot be modified until it is determined that (1) there has been a substantial change in circumstances affecting the welfare of the child; and (2) a change in custody is in the best interest of the child." Since, there is a statutory procedure for modifying a custody determination, a party seeking modification of a custody decree must comply with its provisions. There are no exceptions in North Carolina law to the requirement that a change in circumstances be shown before a custody decree may be modified.”

quoted by 1 later decision, including 202 N.C. App. 771 - McKYER v. McKYER

“The trial judge, who has the opportunity to see and hear the parties and the witnesses, is vested with broad discretion in cases involving custody of children, his findings of fact in custody orders are binding on the appellate courts if supported by competent evidence . . . and his decision should not be upset absent a clear showing of an abuse of discretion.”

quoted by 1 later decision, including 202 N.C. App. 771 - McKYER v. McKYER

Relies on Blackley v. Blackley · 21 N.C. App. 306 - Hensley v. Hensley · Todd v. Todd

Good law ✅— No negative treatment on recordhow we know

Decided 1975-03-05

How this case has been cited

Cited by 24 later decisions — most recently March 2010

24 state decisions

10019751980199020002010decided

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.

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BRITT, Judge.

¶1 The record provides no explanation for the long delay between the date the order we are asked to review apparently was signed and the date it was filed. Nevertheless, we treat the papers filed by defendant as a petition for writ of certiorari, allow the petition, and consider the cause on its merits.

¶2 G.S. 50-13.7 (a) provides that an order of a court of this State providing for the custody of a minor child may be modified or vacated at any time, upon motion in the cause and a showing *92 of changed circumstances by either party, or anyone interested. However, the party moving for modification of a custody order has the burden of showing that there has been a substantial change of circumstances affecting the welfare of the child. Blackley v. Blackley, 285 N.C. 358, 204 S.E. 2d 678 (1974) ; Todd v. Todd, 18 N.C. App. 458, 197 S.E. 2d 1 (1973).

¶3 The trial judge, who has the opportunity to see and hear the parties and the witnesses, is vested with broad discretion in cases involving custody of children, his findings of fact in custody orders are binding on the appellate courts if supported by competent evidence, Blackley v. Blackley, supra, and his decision should not be upset absent a clear showing of an abuse of discretion. Hensley v. Hensley, 21 N.C. App. 306, 204 S.E. 2d 228 (1974).

¶4 The findings of fact in the order under review are fully supported by competent evidence, and no abuse of discretion has been shown, therefore, the order is

¶5 Affirmed.

Judges Morris and Arnold concur.
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