Shackleford v. Casey
Supreme Court of North Carolina
1Opinion of the CourtHiggins, J.
As a general rule at common law and under our decisions, parents have the legal right to the custody of their infant children. This natural and substantive right the courts may not lightly disregard. “. . . (A) natural parent, father or mother, as the case may be, who is of good character and a proper person to have the custody of the child and is reasonably able to provide for it ordinarily is entitled to the custody as against all other persons, . . . such as other relatives, including grandparents . . .” Spitzer v. Lewark, 259 N.C. 50, 129 S.E. 2d 620.
In this case the father of the…
2Cases cited5 opinions
- Thomas v. ThomasSupreme Court of North Carolina · 1963
- In Re DefordSupreme Court of North Carolina · 1946
- Spitzer v. LewarkSupreme Court of North Carolina · 1963
- Spitzer v. LewarkSupreme Court of North Carolina · 1963
- In Re the Custody of BowmanSupreme Court of North Carolina · 1965
3Cited by4 opinions
- Tucker v. TuckerSupreme Court of North Carolina · 1975
- Thomas v. PickardCourt of Appeals of North Carolina · 1973
- Brake v. Van MillsSupreme Court of North Carolina · 1967
- Thorne v. ThorneCourt of Appeals of North Carolina · 1970