Domestic Relations – Parent & Child – Custody Modification – Changes’ Effects on Children – Self-Evident

Over the years since the parties first agreed that the defendant-Mother would have primary physical custody of their three daughters, the plaintiff-Father has been transferred by the Marines to a location outside the 100-mile radius contemplated by the agreement, but his new posting gives him a predictable, flexible work and home life, and he and his new wife have a young son whom the parties’ daughters love. On the other hand, while in Mother’s primary care, the girls (1) did not have medical or dental wellness visits for at least three years, (2) have struggled academically, (3) are not involved in extracurricular activities, (4) spend their free time at the vape shop where Mother works, and (5) live with (and are sometimes babysat by) two convicted felons. These changes have a self-evident effect on the parties’ children. In any event, the trial court’s conclusions of law demonstrate that the trial court expressly considered how the changed circumstances affected the well-being and welfare of the children and how modification served the children’s best interests.

We affirm the trial court’s custody modification order granting primary physical custody to Father.

Koenig v. Koenig (Lawyers Weekly No. 012-080-22, 13 pp.) (Lucy Inman, J.) Appealed from Pitt County District Court (Lee Teague, J.) Jay Anthony Audino for plaintiff; Gregory Duke for defendant. 2022-NCCOA-925