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PULLIAM v. SMITH

No. 499PA96.

501 S.E.2d 898 (1998)

Carol J. PULLIAM v. Frederick J. SMITH.

Supreme Court of North Carolina.

July 30, 1998.

Attorney(s) appearing for the Case

Jackson & Jackson by Phillip T. Jackson, Hendersonville, for plaintiff-appellant.

Lambda Legal Defense and Education Fund, Inc. by Beatrice Dohrn, New York, NY; and N.C. Gay and Lesbian Attorneys by Ellen W. Gerber and Sharon A. Thompson, High Point, for defendant-appellee.

Stam, Fordham & Danchi, P.A. by Paul Stam, Jr., Apex; and James F. Lovett, Jr., Raleigh, on behalf of North Carolina Family Policy Council, amicus curiae.

Michael P. Adams, New York, NY, and Tharrington Smith by Jaye Meyer, on behalf of American Civil Liberties Union; and Deborah Ross, Raleigh, on behalf of ACLU of North Carolina Legal Foundation, amici curiae.

Myrna Ann Miller, Raleigh on behalf of National Association of Social Workers, North Carolina Chapter, and National Association of Social Workers, amici curiae.

MITCHELL, Chief Justice.

The overriding question presented for review is whether there was sufficient evidence to support the trial court's finding of a substantial change of circumstances affecting the welfare of two minor children which would warrant a change of custody. The Court of Appeals held that there was not. Since we conclude that the trial court's judgment modifying a prior order placing custody of the children with their father is supported by adequate...

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