(Download) "Benedict v. Coe" by Court of Appeals of North Carolina ~ Book PDF Kindle ePub Free

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eBook details

Title: Benedict v. Coe
Author : Court of Appeals of North Carolina
Release Date : January 20, 1994
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 53 KB

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ORR, Judge. The dispositive issue before this Court is whether the trial court abused its discretion in modifying the 16 December 1991 Order, which set forth the original child custody and visitation schedule for the parties in this action. Defendant first contends that the trial court improperly modified custody, not visitation, when the only relief plaintiff sought was modification of the visitation schedule. We find this contention to be without merit. It is well established that a court decree awarding custody of a minor child is never final in nature. Ellenberger v. Ellenberger, 63 N.C. App. 721, 723, 306 S.E.2d 190, 191, disc. review allowed, 309 N.C. 631, 308 S.E.2d 714 (1983). ""Such a decree determines only the present rights with respect to such custody. . . ."" Id. (quoting Neighbors v. Neighbors, 236 N.C. 531, 533, 73 S.E.2d 153, 154 (1952)(emphasis added)(citations omitted)). With respect to modification of a custody order, N.C. Gen. Stat. § 50-13.7 states in part as follows: