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Case Summaries: Custody Modification, Equitable Distribution, Change of Circumstances

NCBA Family Law Section

By Jeff RussellRebecca Poole and Jennifer Smith

Custody Modification; No Evidence Presented at Hearing

Farmer v. Farmer, No. COA16-760, (June 6, 2017)

Defendant–mother appealed from a custody modification order that set aside a prior custody modification order. Because the trial court took no evidence at the hearing and failed to make the proper analysis before modifying the prior custody order, the Court of Appeals vacated the custody modification order and remanded the case to the trial court.

There are two issues to note in this appeal: First, the Court of Appeals does not comment upon or engage in any analysis of whether the orders in the case are temporary or permanent in nature. The Court seems to assume that the orders are permanent, because it cites the two-step modification analysis for a permanent order (substantial change in circumstances/best interests). Second Judge Dillon dissents in part from the Court’s opinion concerning which of the parties’ prior custody orders should be in effect pending further hearings on the matter.

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