Choate v. Choate

MALLARD, Chief Judge.

The trial court erred in its finding that the children of the parties, Lynn and Holly Choate, both of whom have attained the age of eighteen years or older, were either minor or dependent children of the defendant in the absence of any finding that such children were “insolvent, unmarried and physically or mentally incapable of earning a livelihood.” Crouch v. Crouch, 14 N.C. App. 49, 187 S.E. 2d 348 (1972). See also Chapter 48A of the General Statutes. Therefore, paragraphs 5 and 6 of Judge Osborne’s order, awarding plaintiff “custody” of Lynn Choate, 21 years of age,…