Thomas v. Pickard

BROCK, Judge.

As a general rule at common law and under our own decisions, parents have the legal right to the custody of their children. Shackleford v. Casey, 268 N.C. 349, 150 S.E. 2d 513. “This right is not absolute, and it may be interfered with or denied but only for the most substantial and sufficient reasons, and is subject to judicial control only when the interests and welfare of the children clearly require it.” James v. Pretlow, 242 N.C. 102, 104, 86 S.E. 2d 759, 761; accord, In re Jones, 14 N.C. App. 334, 188 S.E. 2d 580.

A court should not take a child from the custody of its…