Legal Opinion

In Re the Custody of Cox

Court of Appeals of North Carolina

Decided March 28, 1973No. 7319DC176PublishedCited by 5 opinions

1Opinion of the Court

MORRIS, Judge.

G.S. 50-13.2(a) provides as follows:

“An order for custody of a minor child entered pursuant to this section shall 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 welfare of the child.”

This provision became effective in 1967 and codified the rule enunciated many times by the North Carolina Supreme Court that in custody cases the welfare of the child is the “polar star” by which the court’s decision must be guided. In Re Custody of Pitts, 2 N.C. App. 211, 162 S.E. 2d 524 (1968).

A…

2Cases cited1 opinion

  1. In Re the Custody of PittsCourt of Appeals of North Carolina · 1968

3Cited by5 opinions

  1. Rogers v. RogersCourt of Appeals of North Carolina · 1979
  2. Green v. GreenCourt of Appeals of North Carolina · 1981
  3. State v. MbackeCourt of Appeals of North Carolina · 2011
  4. Beck v. BeckCourt of Appeals of North Carolina · 1974
  5. State v. MbackeCourt of Appeals of North Carolina · 2011

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