Harris v. Harris
Harris v. Harris
Opinion of the Court
The question presented by this appeal is whether there was sufficient evidence of change of circumstances affecting the welfare of Stacy Harris to justify modification of a prior order placing her in the custody of her mother.
The entry of an Order in a custody matter does not finally determine the rights of parties as to the custody, care and control of a child, and when a substantial change of condition affecting the child’s welfare is properly established, the Court may modify prior custody decrees. G.S. 50-13.7; Teague v. Teague, 272 N.C. 134, 157 S.E. 2d 649; In re Herring, 268 N.C. 434, 150 S.E. 2d 775; Stanback v. Stanback, supra; Thomas v. Thomas, supra; In re Means, 176 N.C. 307, 97 S.E. 39. However, the modification of a custody decree must be supported by findings of fact based on competent evidence that there has been a substantial change of circumstances affecting the welfare of the child, and the party moving for such modification assumes the burden of showing such change of circumstances. Shepherd v. Shepherd, 273 N.C. 71, 159 S.E. 2d 357; Crosby v. Crosby, 272 N.C. 235, 158 S.E. 2d 77; and Williams v. Williams, 261 N.C. 48, 134 S.E. 2d 227.
Blackley v. Blackley, 285 N.C. 358, 362, 204 S.E. 2d 678, 681 (1974).
We do not think the trial court made sufficient findings of substantial change of circumstances to support the order transferring custody of the child from plaintiff to defendant. See Todd v.
For the aforegoing reasons, the order appealed from is vacated and this cause is remanded for further proceedings not inconsistent with this opinion.
Remanded.
Dissenting Opinion
dissenting.
I dissent from the majority. I believe the evidence and the finding of fact that the plaintiff had been dating a man and on at least one occasion that he had stayed with her overnight is sufficient to show a change in circumstances justifying the order of the District Court. The majority cites Todd v. Todd, 18 N.C. App. 458, 197 S.E. 2d 1 (1973). I do not believe it is precedent for this case. In Todd the court found the mother had allowed a man to stay with her before and after the first order for custody was made. This Court held that did not support a finding of change in circumstances so as to change custody. In this case there was not evidence the plaintiff had allowed a man to stay prior to the first order for custody.
Reference
- Full Case Name
- Lucille Harris v. Ronald Scott Harris
- Cited By
- 9 cases
- Status
- Published