McIntosh v. McIntosh

CAMPBELL, Judge.

The respondent’s primary exception is to the failure of the trial judge to instruct the jury that the willful abandonment must have existed for at least six months immediately preceding the institution of the action.

The respondent concedes that the definition of “abandonment” in the charge is acceptable except on one point. There was no instruction that abandonment had to be found to have occurred continuously for a period of six months immediately prior to the filing of this action. G.S. 48-2 (3a) reads:

“For the purpose of this Chapter, an abandoned child shall be any child…