IN THE MATTER OF GWALTNEY

No. 833DC341.

315 S.E.2d 750 (1984)

In the Matter of Debra Ann GWALTNEY Lisa Anette Gwaltney.

Court of Appeals of North Carolina.

June 5, 1984.


Attorney(s) appearing for the Case

Kent G. Flowers, Jr., New Bern, for petitioner-appellee Craven County Dept. of Social Services.

Sumrell, Sugg & Carmichael by Rudolph A. Ashton, III, New Bern, for respondent-appellant Marie Anette Gwaltney.


ARNOLD, Judge.

Respondent argues that the court erred in awarding custody to the Department because there were no findings of fact supporting the allegations against her as set out in the petition and no finding of fact that she was an unfit mother. She argues that the findings of fact were insufficient to rebut her "constitutional right to the natural and legal custody of her minor children."

The primary concern of the trial court in a custody matter, as...

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