SMITH v. RHODES

No. 7228DC718.

192 S.E.2d 607 (1972)

16 N.C. App. 618

George E. SMITH, Jr. v. Dorothy Patricia Smith RHODES.

Court of Appeals of North Carolina.

November 22, 1972.


Attorney(s) appearing for the Case

Riddle & Shackelford by Robert E. Riddle, Asheville, for plaintiff appellant.

Robert S. Swain by Joel B. Stevenson, Asheville, for defendant appellee.


GRAHAM, Judge.

One of the findings of fact relied upon by the trial court to support a change in custody is "[t]hat the two minor children. . . now desire to live and reside with their mother, the defendant, and to visit with their father, the plaintiff, during vacation times." There is no evidence in the record to support this finding. Apparently it is based on information obtained during a private conversation which the trial judge had with one of the children,...

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