DAVIS v. SWAN

No. COA09-321.

697 S.E.2d 473 (2010)

Rebecca DAVIS, Plaintiff, v. Margaret SWAN, Defendant.

Court of Appeals of North Carolina.

August 17, 2010.


Attorney(s) appearing for the Case

Sharon Thompson Law Group, Durham, by Sharon A. Thompson; and Patterson Harkavy LLP, Raleigh, by Burton Craige and Narendra K. Ghosh, Chapel Hill, for plaintiff-appellee.

Northen Blue, L.L.P, Chapel Hill, by Carol J. Holcomb, Vicki L. Parrott, and Samantha H. Cabe, for defendant-appellant.


WYNN, Judge.

Defendant Margaret Swan appeals from an order granting Plaintiff Rebecca Davis joint legal custody and secondary physical custody of Swan's biological child ("minor child"). Swan argues that the trial court erred by applying the best interest standard to the child custody dispute between the parties. Because the record shows that Swan acted inconsistently with her constitutionally protected right to exclusive care and control of the minor child, we affirm...

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