The NC Court of Appeals addresses “self-executing” modification provisions in custody orders

Published for On the Civil Side on August 07, 2024.

The North Carolina Supreme Court has stated that “[a] judgment awarding custody is based upon conditions found to exist at the time it is entered ….” Stanback v. Stanback, 266 N.C. 72, 76 (1965). See also Kellanos v. Kellanos, 251 N.C. App. 149 (2016)( a district court must consider the pros and cons of ordering primary custody with each parent, contemplating the two options as they exist [at the time of the hearing], and then choose which one is in the child’s best interest.”).

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