GRIFFITH v. GRIFFITH

No. 675.

81 S.E.2d 918 (1954)

240 N.C. 271

GRIFFITH v. GRIFFITH.

Supreme Court of North Carolina.

May 19, 1954.


Attorney(s) appearing for the Case

Haworth, Haworth & Walker, Bryon Haworth, High Point, and C. Clifford Frazier, Jr., Greensboro, for plaintiff, appellant.

Schoch & Schoch, High Point, for defendant, appellee.


JOHNSON, Justice.

The judgment below seems to have been entered by the trial judge under the belief that as a matter of law he could not permit the mother to remove the child from the State in the absence of an affirmative showing that the resident father is unfit for custody. While this view is supported by statements appearing in some of the earlier decisions of this Court, the settled law of this State places no such burden on a parent custodian who requests leave...

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