Shepherd v. Shepherd

Appellant contends that the trial court erred in modifying the custody order without a finding of fact of any change of circumstances affecting the welfare of the child. This assignment of error is based on exceptions duly noted. Langley v. Langley, 268 N.C. 415, 150 S.E. 2d 764.

As a general rule, the court in which a divorce action is instituted acquires jurisdiction over the custody of unemancipated children of the parties, and such jurisdiction continues even after the divorce. This phase of the court’s jurisdiction is properly activated by a motion in the cause. Cox v. Cox, 246 N.C. 528,…