NC Supreme Court says escalating parental conflict can justify custody change

HIGHLIGHTS

• NC Supreme Court reinstates modified custody order in Durbin v. Durbin
• Court rules escalating parental conflict posing harm is substantial change in circumstances
• Father’s failure to manage child’s medical needs cited in ruling
• Justices defer to trial court’s credibility findings and best interests determination

The North Carolina Supreme Court held that escalating conflict between parents that poses a risk of harm to a child constitutes a substantial change in circumstances warranting modification of an existing custody order. The decision reverses the Court of Appeals and reinstates the trial court’s modified custody order.

The 25-page opinion is Durbin v. Durbin.

The case arose after the trial court found that the father had failed to attend to his son’s medical needs, including asthma treatment, which resulted in missed medication doses and additional medical care. The court also found an increasing pattern of conflict and the father’s refusal to reasonably communicate with the mother or the parenting coordinator. The trial court concluded these circumstances adversely affected the child’s health and were not in the child’s best interests.

On appeal, the Court of Appeals held that the evidence did not show a substantial change in circumstances. The Supreme Court disagreed, emphasizing that while conflict is often present in custody matters, escalating conflict that risks harm to the child is a sufficient change. The Court explained that a parent’s unwillingness or inability to communicate reasonably about the child’s health, education, and welfare can justify modifying custody.

The justices further deferred to the trial court’s unique position to evaluate witness credibility and the overall impact of the parents’ behavior on the children. Because the trial court determined the modified custody arrangement served the children’s best interests, the Supreme Court found no abuse of discretion.

EXTERNAL LINKS

• North Carolina Supreme Court Opinions
• North Carolina Judicial Branch – Family and Children
• American Bar Association – Child Custody