Miller v. Miller

CALABRIA, Judge.

Mark Miller ("defendant") appeals from a judgment granting joint legal custody of the parties' minor children to defendant and Carolyn Miller ("plaintiff") and primary physical custody to plaintiff. We hold that the trial court did not err in concluding that it was in the best interests of the minor children for plaintiff to have primary physical custody and for defendant to have secondary physical custody.

Plaintiff and defendant were married on 2 April 2005 in Nash County, North Carolina. During the marriage, the parties had two children: Theodore J. Miller, born 14 July…