In Re Custody of Poole

Orders awarding custody of children may be modified by a court when it has been shown that there has been a substantial “change of circumstances affecting the welfare of the child.” Crosby v. Crosby, 272 N.C. 235, 158 S.E. 2d 77 (1967). If the parent awarded custody of children were subsequently to become unfit, it would be possible for the trial court, upon proper findings, to grant custody to a fit person. Where there is no evidence that the fitness or unfitness of either party has changed, the trial court may not modify a prior order awarding custody unless some other sufficient change of…