Ellenberger v. Ellenberger

HEDRICK, Judge.

Defendant assigns as error the court’s “modification of a custody decree without finding that there had been a substantial change of circumstances that adversely affected the welfare of the child.” She contends that under N.C. Gen. Stat. Sec. 50-13.7(a) the previous order awarding her custody of the child could be modified only upon a showing of changed circumstances and that there was no such showing.

N.C. Gen. Stat. Sec. 5043.7(a) states that “[a]n order of a court of this State for custody ... of a minor child may be modified or vacated at any time, upon motion in the cause…