Domestic Relations — Parent & Child – Custody – Permanent Order – Changed Circumstances

Hatcher v. Matthews (Lawyers Weekly No. 011-252-16, 9 pp.) (Mark Davis, J.) Appealed from Guilford County District Court (Michelle Fletcher, J.) N.C. App.

Holding: Where the parties’ Virginia custody order (1) was not entered into without prejudice to either party, (2) did not state a reconvening time, and (3) determined all of the issues, the Virginia order was a permanent custody order. Therefore, before the trial court could determine whether a modification of custody would be in the best interest of the parties’ children, the court should have decided whether a substantial change in circumstances affecting the welfare of the children had occurred.

We must vacate the trial court’s custody order – which changed legal custody from belonging solely to the defendant-mother to joint custody – and remand for further proceedings.