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IN RE CUSTODY OF OWENBY

No. 6828SC302.

164 S.E.2d 55 (1968)

3 N.C. App. 53

In the Matter of the CUSTODY OF William Thomas OWENBY (Taylor), Age 9, Debra Lynn Owenby (Taylor), Age 8, and Shelia Kaye Owenby (Taylor), Age 5.

Court of Appeals of North Carolina.

November 13, 1968.

Attorney(s) appearing for the Case

S. Thomas Walton, Asheville, for Dorothy Owenby Howell, appellant.

No counsel, contra.

CAMPBELL, Judge.

Ordinarily if a suitable person, the mother of an illegitimate child is its natural guardian and, as such, has the legal right to its custody, care and control. Jolly v. Queen, 264 N.C. 711, 142 S.E.2d 592. While the mother of an illegitimate child has the paramount right to its custody, nevertheless, the welfare and best interests of the child override her paramount right to custody...

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