Legal Opinion

Matter of Kowalzek

Court of Appeals of North Carolina

Decided August 1, 1978No. 7711DC1027PublishedCited by 13 opinions

1Opinion of the Court

HEDRICK, Judge.

Petitioner assigns as error the trial court’s failure to award her immediate permanent custody of the child. In her brief petitioner contends that the trial court is powerless to award custody of an infant to a third party without finding as a fact that the natural parent is unfit to accept the responsibilities of custody, care and tuition of the child. We disagree.

General Statute § 50-13.2(a) requires the trial court to “award the custody of such child to such person, agency, organization or institution as will, in the opinion of the judge, best promote the interest and…

2Cases cited10 opinions

  1. Montgomery v. MontgomeryCourt of Appeals of North Carolina · 1977
  2. Blackley v. BlackleySupreme Court of North Carolina · 1974
  3. James v. PretlowSupreme Court of North Carolina · 1955
  4. Spence v. DurhamSupreme Court of North Carolina · 1973
  5. Goodson v. GoodsonCourt of Appeals of North Carolina · 1977

5 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Dixon v. DixonCourt of Appeals of North Carolina · 1984
  2. Comer v. ComerCourt of Appeals of North Carolina · 1983
  3. Green v. GreenCourt of Appeals of North Carolina · 1981
  4. Carpenter v. CarpenterCourt of Appeals of North Carolina · 2013
  5. In re DiMatteoCourt of Appeals of North Carolina · 1983

8 more not listed; retrieve them via the Exa API.

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