How a Judge's Findings on Domestic Violence Can Determine Child Custody | The Law Corner | Raleigh, NC

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Precedent Case: Efstathiadis v. Efstathiadis, 909 S.E.2d 737 (N.C. App., December 3, 2024). 


Sufficiency of evidence to support findings, sufficiency of findings to support best interest determination Evidence was sufficient to support the trial court’s findings of fact. Findings of fact regarding defendant father’s acts of domestic violence were sufficient to establish his fitness as a parent and were sufficient to support the trial court’s order of primary legal and physical custody to mother. 


Father appealed the trial court order of primary legal and physical custody to mother, arguing that evidence was not sufficient to support the trial court’s findings of fact and that the findings were not sufficient to establish his fitness as a parent and to support the determination of the child’s best interest.


The court of appeals disagreed and affirmed the trial court. Mother’s testimony regarding father’s acts of domestic violence against her and the child, as well as the DVPO between the parties admitted into evidence during the custody trial, and a safety plan created by DSS also admitted into evidence during the trial was sufficient evidence to support the trial court’s findings related to defendant’s fitness as a father and to the trial court’s determination that the order of primary legal and physical custody the mother was in the best interest of the child.

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