Legal Opinion

In Re the Custody of Mason

Court of Appeals of North Carolina

Decided December 29, 1971No. 7127DC731PublishedCited by 5 opinions

1Opinion of the Court

BROCK, Judge.

In determining child custody wide discretion is necessarily vested in the trial judge, who has the opportunity to see the parties and hear the witnesses, and his decision ought not to be upset on appeal absent a clear showing of abuse of discretion. In re Custody of Pitts, 2 N.C. App. 211, 162 S.E. 2d 524. It is perfectly clear from the findings of the trial judge why he did not award custody of the child to respondent (mother); therefore, his award of custody to petitioner (father) should not be upset on this appeal. The welfare of the child is always open to inquiry by the…

2Cases cited1 opinion

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

3Cited by5 opinions

  1. Searl v. SearlCourt of Appeals of North Carolina · 1977
  2. Jarman v. JarmanCourt of Appeals of North Carolina · 1972
  3. King v. DemoCourt of Appeals of North Carolina · 1979
  4. Hensley v. HensleyCourt of Appeals of North Carolina · 1974
  5. In the Matter of Custody of MasonSupreme Court of North Carolina · 1972

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API