Marlowe, In re, 195
| Decision Date | 28 September 1966 |
| Docket Number | No. 195,195 |
| Citation | 150 S.E.2d 204,268 N.C. 197 |
| Parties | In the Matter of the Custody of Tonya Carol MARLOWE, four years of age, and Edgar Earl Marlowe III, three years of age. |
| Court | North Carolina Supreme Court |
M. Roy Short, Jr., Dolley & Katzenstein, by Steve Dolley, Jr., Gastonia, for petitioner appellee.
Horn, West & Horn, by C. C. Horn, Shelby, Davis & White, by Jack H. White, Kings Mountain, Whitener & Mitchem, by Basil L. Whitener, by Wade W. Mitchem, Gastonia, for respondent appellant.
Judge Falls was correct in holding that the Florida decree of divorce was final, but the control and custody of minor children cannot be determined finally. Changed conditions will always justify inquiry by the courts in the interest and welfare of the children, and decrees may be entered as often as the facts justify. 27B C.J.S. Divorce § 317(1).
This case is quite similar to that of Richter v. Harmon, 243 N.C. 373, 90 S.E.2d 744, which was also a case involving the custody of a child then in North Carolina whose custody had been awarded to the mother by a Florida court. The child was brought to North Carolina and the father refused to surrender it to the mother, and a special proceeding was brought in Alamance County by the mother to obtain its custody. Among other things the Court said: 'We hold that since the minor child had been a resident of North Carolina for almost a year prior to the institution of this proceeding (in this case it was some 5 months), coupled with the further fact that the petitioner, who had heretofore been given custody of the child by a court of competent jurisdiction in another State, came into this State and invoked the jurisdiction of our courts and instituted this proceeding, the court in which she instituted the proceeding does have jurisdiction of the child and may consider any change or circumstances that have arisen since the entry of the Florida decree on 13th October, 1953, and to determine what is for the best interest of the child and to award custody accordingly. But, in disposing of the custody of the minor child in controversy, the Florida decree awarding her custody to the petitioner is entitled to full faith and credit as to all matters existing when the decree was entered and which were or might have been adjudicated therein. It is said in 17 Am.Jur., Divorce and Separation, section 688, page 522: In re Cameron's Guardianship, 66 Cal.App.2d 884, 153 P.2d 385; Freund v. Burns, 131 Conn. 380, 40 A.2d 754; Boone v. Boone, 76 U.S.App.D.C. 399, 132 F.2d 14; Drake v. Drake, 187...
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