Harris v. Harris

Judge WEBB

dissenting.

I dissent from the majority. I believe the evidence and the finding of fact that the plaintiff had been dating a man and on at least one occasion that he had stayed with her overnight is sufficient to show a change in circumstances justifying the order of the District Court. The majority cites Todd v. Todd, 18 N.C. App. 458, 197 S.E. 2d 1 (1973). I do not believe it is precedent for this case. In Todd the court found the mother had allowed a man to stay with her before and after the first order for custody was made. This Court held that did not support a finding of change…