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CARMICHAEL v. CARMICHAEL

No. 783DC364.

252 S.E.2d 257 (1979)

40 N.C. App. 277

Evelyn Smith CARMICHAEL v. Ensley Marshall CARMICHAEL.

Court of Appeals of North Carolina.

March 6, 1979.

Attorney(s) appearing for the Case

James, Hite, Cavendish & Blount by M. E. Cavendish, Greenville, for plaintiff-appellee.

Lanier & McPherson by Jeffrey L. Miller, Greenville, for defendant-appellant.

MITCHELL, Judge.

A judgment in a divorce action may contain provisions respecting child custody when that issue has been properly presented to the court. If such judgment does contain provisions respecting child custody, then "from time to time such provisions may be modified upon due notice and hearing and a showing of a substantial change in condition." G.S. 50-11.2. See also G.S. 50-13.7. In the present case, the defendant contends that there has been no...

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