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SPEAKS v. FANEK

No. COA95-247.

470 S.E.2d 82 (1996)

122 N.C. App. 389

Leonard Gray SPEAKS and Nancy Cardwell Speaks, Plaintiffs, v. Fawez FANEK and Mary Dale Fanek, Defendants.

Court of Appeals of North Carolina.

May 7, 1996.

Attorney(s) appearing for the Case

Theodore M. Molitoris, Winston-Salem, for plaintiff appellants.

Wilson, Biesecker, Tripp & Sink by Roger S. Tripp, Lexington, for defendant appellees.

SMITH, Judge.

The central issue on this appeal is whether the trial court applied the proper legal standard in a custody modification decision. Defendants are the biological parents of the children at issue. Defendants voluntarily relinquished physical custody of the children in 1989, and legal custody in 1992, to plaintiffs. During the span of plaintiffs' custody, plaintiffs and the children have resided together as a family unit.

In 1994, defendants moved...

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