Issue

Custody modification—escalating conflict—effect on children's health and welfare—substantial change in circumstances—best interests of the children

Summary

The Supreme Court upheld an order modifying child custody–from granting the parents joint custody to granting the mother primary physical custody and final decision-making authority on major parenting decisions–where the trial court's findings of fact supported its conclusions of law that a substantial change in circumstances affecting the children's welfare had occurred and that modifying custody was in the children's best interests. Specifically, the court found that an ongoing conflict between the parties had escalated, with the father exhibiting increasing hostility to one of the parenting coordinators assigned to the case, as well as an unwillingness to communicate or cooperate with the mother or the parenting coordinator regarding the children's medical care. Further, the court found that the conflict adversely affected the children's health and welfare, especially where the father refused to take both children to their weekly therapy appointments or to administer necessary medication prescribed to one of the children to treat asthma.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →