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BENNETT v. HAWKS

No. 04-703.

613 S.E.2d 40 (2005)

Nicole L. BENNETT, formerly Nicole Hawks, Plaintiff v. Wesley Otto HAWKS, Defendant v. Carlene Hawks and Dennis Hawks, Intervenors.

Court of Appeals of North Carolina.

May 17, 2005.

Attorney(s) appearing for the Case

Gus L. Donnelly, Mount Airy, for the plaintiff.

Karen Adams, Dobson, for the defendant.

Sarah Stevens, Mount Airy, for the intervenors.

TIMMONS-GOODSON, Judge.

Nicole Bennett ("plaintiff") appeals an order of the trial court awarding joint legal custody of her daughter, Brittany Hawks ("Brittany"), to plaintiff, Wesley Hawks ("defendant"), and Carlene and Dennis Hawks ("intervenors"), and placing primary physical custody of Brittany with intervenors. Because the trial court failed to apply the clear and convincing evidentiary standard in making its decision...

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