Rhoney v. Sigmon
Court of Appeals of North Carolina
Appeal by defendant from Tate, Judge. Orders dated 20 July 1978 and 15 August 1978 entered in District Court, CATAWBA County. Heard in the Court of Appeals 20 August 1979. This is an appeal from an order changing the custody of a minor child. Plaintiff and defendant were married in 1968 and thereafter lived together as husband and wife until 26 August 1973, when they separated. One child, George Brian Rhoney, was born of their marriage.
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Appeal by defendant from Tate, Judge. Orders dated 20 July 1978 and 15 August 1978 entered in District Court, CATAWBA County. Heard in the Court of Appeals 20 August 1979. This is an appeal from an order changing the custody of a minor child. Plaintiff and defendant were married in 1968 and thereafter lived together as husband and wife until 26 August 1973, when they separated. One child, George Brian Rhoney, was born of their marriage. On 16 July 1974 they signed a separation agreement in which they agreed that custody of the child should be awarded to its mother and that the father should…
1Opinion of the Court
PARKER, Judge.
On this appeal defendant contends that, since the district court in the Burke County divorce action had awarded custody of the child to her, the district court in Catawba County thereafter lacked jurisdiction to inquire into the matter. We do not agree either with her major premise that the district court in the Burke County divorce action had actually made a judicial determination as to custody of the child or with her conclusion that the Catawba County court lacked jurisdiction to make such a determination in this action.
The procedure in actions for custody or support of minor…
2Cases cited5 opinions
- Hawkins v. . HughesSupreme Court of North Carolina · 1882
- In Re HoltCourt of Appeals of North Carolina · 1968
- Tate v. TateCourt of Appeals of North Carolina · 1970
- Wilson v. WilsonCourt of Appeals of North Carolina · 1971
- Snyder v. SnyderCourt of Appeals of North Carolina · 1973
3Cited by1 opinion
- Bethea v. BetheaCourt of Appeals of North Carolina · 1979