Legal Opinion

Paschall v. Paschall

Court of Appeals of North Carolina

Decided July 2, 1975No. 7514DC226Published

1Opinion of the Court

ARNOLD, Judge.

The decision to modify a custody order rests largely in the discretion of the trial court, guided by the “polar star” which is the welfare and best interest of the child. Hinkle v. Hinkle, 266 N.C. 189, 196, 146 S.E. 2d 73, 79 (1966), quoting In re Lewis, 88 N.C. 31, 34 (1883). On the basis of the record before us, we cannot say that this discretion has been abused.

“As children develop their needs change; nevertheless, the needs must be supplied by the parent whose ability to supply them may change. For these reasons orders in custody proceedings are not final.” Stanback v.…

2Cases cited6 opinions

  1. Hinkle v. HinkleSupreme Court of North Carolina · 1966
  2. Stanback v. StanbackSupreme Court of North Carolina · 1965
  3. Teague v. TeagueSupreme Court of North Carolina · 1967
  4. In Re LewisSupreme Court of North Carolina · 1883
  5. Hardee v. MitchellSupreme Court of North Carolina · 1949

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