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Williams v. Brewer
Citations: 9 N.C. App. 24; 175 S.E.2d 326; 1970 N.C. App. LEXIS 1267Docket: No. 7015DC283
Court: Court of Appeals of North Carolina; July 15, 1970; North Carolina; State Appellate Court
Appellants argue that the trial court incorrectly modified custody orders regarding Larry without conducting a hearing and establishing factual findings necessary for the appellate court to evaluate the modification's support by competent evidence and its alignment with the minor child's best interests. This argument is upheld. Legal precedent, as established in Crosby v. Crosby, indicates that child custody decrees are inherently temporary and serve as res judicata only as long as the underlying facts remain unchanged. Modifications are permissible when there are changes in circumstances affecting the child's welfare, supported by cases such as Thomas v. Thomas and Griffin v. Griffin. The appellate court emphasizes that findings of fact made by the trial court regarding child custody will not be overturned if backed by competent evidence, even if conflicting, as noted in Tyner v. Tyner and In Re Hamilton. However, if the trial court fails to provide factual findings that demonstrate adequate support for the order and the child's welfare, the order must be vacated and the case remanded for detailed fact-finding, as stated in Swicegood v. Swicegood. In the current case, there is no evidence in the record to support the trial judge's order, nor does the order include findings indicating a change in circumstances justifying the modification. Consequently, the order is vacated and the case is remanded for necessary findings of fact. Error acknowledged and remanded. Brock and Hedrick, JJ. concur.