Sunday, June 16, 2024

State Spotlight: North Carolina: Error to Award Mother Sole Custody

From North Carolina Lawyers Weekly:

While the trial court’s finding that the minor child (Mariana) was well cared for by Mother is supported by substantial evidence, its sole finding does not support its conclusion that Mariana’s best interest is served by granting Mother sole custody of the minor child.

We vacated and remanded.

Father appealed the trial court’s order granting sole custody of the parties’ minor child to Mother. On appeal, Father argued the evidence does not support Finding of Fact 3 because Mariana was not well cared for by Mother; the findings of fact do not support the court’s conclusion that it is in Mariana’s best interest for Mother to have sole custody of her; the court’s failure to grant custody to Father was manifestly unsupported by reason; and the court’s failure to establish a holiday schedule for Mariana was manifestly unsupported by reason.

Read more here.

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