 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Davis v. McMillian8/6/2002
he child" test in resolving custody disputes between the parent and the non-parent. See Price v. Howard, 346 N.C. at 79, 484 S.E.2d at 534. The conduct "must have some negative impact on the child or constitute a substantial risk of such impact." Speagle, 354 N.C. at 531, 557 S.E.2d at 87.
In this case, the trial court concluded as a matter of law in pertinent part:
3. The Defendant is not a fit and proper person to have the care, custody and control of the minor child.
4. Having previously been found to be unfit to have the care, custody and control of the minor child, the standard for determining custody in this matter is what is in the best interest of the minor child.
5. It is in the best interest of the minor that she be placed in the primary care, custody and control of the plaintiff.
These conclusions were supported by the previously noted findings of fact which were based on evidence showing that Ms. McMillian is not able to adequately care and provide for the minor child and is not able to properly see to the needs of the child. Moreover, the earlier determination that Ms. McMillian was unfit as well as the evidence presented at the subject hearing support the conclusion that her actions were inconsistent with her protected status as a parent. Indeed, as noted earlier, the trial court did not solely rely on the determination of unfitness from the 1999 custody case but made additional findings based on present circumstances supported by competent evidence.
Moreover, the record contains evidence supporting the trial court's determination that it was in the child's best interest that she remain with Ms. Davis. For example, the child had lived with Ms. Davis nearly all of her life; Ms. Davis had developed a close relationship with the child and cared for the child handling her day-to-day care, medical appointments and support. Furthermore, the record shows that Ms. Davis has never denied Ms. McMillian access to the minor child. Since the record shows competent evidence to support the trial court's findings of fact, which in turn support the conclusions of law, we affirm the judgment of the trial court awarding custody to Ms. Davis.
Affirmed.
Judges McCULLOUGH and BIGGS concurred.
|