King v. Allen

Court of Appeals of North Carolina

King v. Allen

212 S.E.2d 396, 25 N.C. App. 90, 1975 N.C. App. LEXIS 2179

CourtCourt of Appeals of North Carolina

DecidedMarch 5, 1975

Docket748DC1015

StatusPublished

Cited by15 cases

This text of 212 S.E.2d 396 (King v. Allen) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

King v. Allen, 212 S.E.2d 396, 25 N.C. App. 90, 1975 N.C. App. LEXIS 2179 (N.C. Ct. App. 1975).

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Opinion

BRITT, Judge.

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.

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).

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).

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

Affirmed.

Judges Morris and Arnold concur.

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BRITT, Judge.

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.

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).

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).

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

Affirmed.

Judges Morris and Arnold concur.

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212 S.E.2d 396, 25 N.C. App. 90, 1975 N.C. App. LEXIS 2179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/king-v-allen-ncctapp-1975.

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