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IN RE MARLOWE

No. 195.

150 S.E.2d 204 (1966)

268 N.C. 197

In the Matter of the Custody of Tonya Carol MARLOWE, four years of age, and Edgar Earl Marlowe III, three years of age.

Supreme Court of North Carolina.

September 28, 1966.

Attorney(s) appearing for the Case

M. Roy Short, Jr., Dolley & Katzenstein, by Steve Dolley, Jr., Gastonia, for petitioner appellee.

Horn, West & Horn, by C. C. Horn, Shelby, Davis & White, by Jack H. White, Kings Mountain, Whitener & Mitchem, by Basil L. Whitener, by Wade W. Mitchem, Gastonia, for respondent appellant.

PLESS, Justice.

Judge Falls was correct in holding that the Florida decree of divorce was final, but the control and custody of minor children cannot be determined finally. Changed conditions will always justify inquiry by the courts in the interest and welfare of the children, and decrees may be entered as often as the facts justify. 27B C.J.S. Divorce § 317(1).

This case is quite similar to that of Richter v. Harmon, 243 N.C. 373

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