Blackley v. Blackley, 204 S.E.2d 678 (N.C. 1974). · Go Syfert
Blackley v. Blackley, 204 S.E.2d 678 (N.C. 1974). Cases Citing This Book View Copy Cite
199 citation events (73 in the last 25 years) across 2 distinct courts.
Strongest positive: Sappington v. Sappington (ncctapp, 2018-01-16)
Treatment trajectory · 1975 → 2026 · click a year to view as-of
1975 2000 2026
Top citers, strongest first. 40 distinct citers. How cited ↗
examined Cited as authority (quoted) Sappington v. Sappington (2×)
N.C. Ct. App. · 2018 · quote attribution · 2 verbatim quotes · confidence low
the court in which a divorce action is brought acquires jurisdiction over the custody of the unemancipated children of the marriage, and such jurisdiction continues even after the divorce becomes final.
discussed Cited as authority (rule) Malone-Pass v. Schultz
N.C. Ct. App. · 2021 · confidence medium
Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E.2d 678, 681 (1974); see also In re Marlowe, 268 N.C. 197, 199 , 150 S.E.2d 204, 206 (1966) (“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.” (emphasis added)).
discussed Cited as authority (rule) Malone-Pass v. Schultz
N.C. Ct. App. · 2021 · confidence medium
Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E.2d 678, 681 (1974); see also In re Marlowe, 268 N.C. 197, 199 , 150 S.E.2d 204, 206 (1966) (“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.” (emphasis added)).
examined Cited as authority (rule) Fecteau v. Spierer (3×) also: Cited "see"
N.C. Ct. App. · 2021 · confidence medium
Stat. § 50-13.7 (a). ¶ 20 “[T]he modification of a custody decree must be supported by findings of fact based on competent evidence that there has been a substantial change of circumstances affecting the welfare of the child, and the party moving for such modification assumes the burden of showing such change of circumstances.” Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E.2d 678, 681 (1974) (citations omitted).
examined Cited as authority (rule) Fecteau v. Spierer (3×) also: Cited "see"
N.C. Ct. App. · 2021 · confidence medium
Stat. § 50-13.7 (a). ¶ 20 “[T]he modification of a custody decree must be supported by findings of fact based on competent evidence that there has been a substantial change of circumstances affecting the welfare of the child, and the party moving for such modification assumes the burden of showing such change of circumstances.” Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E.2d 678, 681 (1974) (citations omitted).
cited Cited as authority (rule) Crenshaw v. Williams
N.C. Ct. App. · 2011 · confidence medium
Pulliam v. Smith, 348 N.C. 616, 619 , 501 S.E.2d 898, 899 (1998) (quoting Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E.2d 678, 681 (1974)).
discussed Cited as authority (rule) In Re NTS
N.C. Ct. App. · 2011 · confidence medium
Pulliam v. Smith, 348 N.C. 616, 618-19 , 501 S.E.2d 898, 899 (1998) (holding that a district court may order modification of an existing child custody order between two biological parents if the moving party shows a "`substantial change of circumstances affecting the welfare of the child'" which warrants a change in custody) (quoting Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E.2d 678, 681 (1974)); see also N.C.
discussed Cited as authority (rule) In re N.T.S.
N.C. Ct. App. · 2011 · confidence medium
Pulliam, v. Smith, 348 N.C. 616, 618-19 , 501 S.E.2d 898, 899 (1998) (holding that a district court may order modification of an existing child custody order between two biological parents if the moving party shows a “ ‘substantial change of circumstances affecting the welfare of the child’ ” which warrants a change in custody) (quoting Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E.2d 678, 681 (1974)); see also N.C.
cited Cited as authority (rule) Clark v. Sutton
N.C. Ct. App. · 2010 · confidence medium
Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E.2d 678, 681 (1974).
cited Cited as authority (rule) Mooney v. Mooney
N.C. Ct. App. · 2009 · confidence medium
App. 89, 93 , 611 S.E.2d 456, 459 (2005) (quoting Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E.2d 678, 681 (1974)); see also N.C.
discussed Cited as authority (rule) In Re As
N.C. Ct. App. · 2007 · confidence medium
"It is well established in this jurisdiction that a trial court may order a modification of an existing child custody order between two natural parents if the party moving for modification shows that a `"substantial change of circumstances affecting the welfare of the child"' warrants a change in custody." Shipman v. Shipman, 357 N.C. 471, 473 , 586 S.E.2d 250, 253 (2003) (quoting Pulliam v. Smith, 348 N.C. 616, 619 , 501 S.E.2d 898, 899 (1998) (quoting Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E.2d 678, 681 (1974))).
discussed Cited as authority (rule) Karger v. Wood (2×)
N.C. Ct. App. · 2005 · confidence medium
Substantial Change in Circumstances A. Standard of Review In Blackley v. Blackley, our Supreme Court stated the plaintiff's burden of proof to support a modification of a child custody order. 285 N.C. 358, 362 , 204 S.E.2d 678, 681 (1974).
examined Cited as authority (rule) Ford v. Wright (3×) also: Cited "see"
N.C. Ct. App. · 2005 · confidence medium
Our courts have held that “the modification of a custody decree must be supported by findings of fact based on competent evidence that there has been a substantial change of circumstances affecting the welfare of the child, and the party moving for such modification assumes the burden of showing such change of circumstances.” Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E.2d 678, 681 (1974).
cited Cited as authority (rule) Faulkenberry v. Faulkenberry
N.C. Ct. App. · 2005 · confidence medium
App. 387, 392 , 303 S.E.2d 217, 221 (1983) (citing Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E.2d 678, 681 (1974)).
discussed Cited as authority (rule) Senner v. Senner (2×)
N.C. Ct. App. · 2003 · confidence medium
Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E.2d 678, 681 (1974).
discussed Cited as authority (rule) Shipman v. Shipman (2×)
N.C. · 2003 · confidence medium
Pulliam v. Smith, 348 N.C. 616, 619 , 501 S.E.2d 898, 899 (1998) (quoting Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E.2d 678, 681 (1974)); see also N.C.G.S. § 50-13.7(a) (2001) (establishing that custody orders "may be modified or vacated at any time, upon motion in the cause and a showing of changed circumstances by either party").
discussed Cited as authority (rule) Lamond v. Mahoney (2×)
N.C. Ct. App. · 2003 · confidence medium
App. 793, 798 , 509 S.E.2d 226, 230 (1998) (quoting Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E.2d 678, 681 (1974)).
cited Cited as authority (rule) Metz v. Metz
N.C. Ct. App. · 2000 · confidence medium
Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E.2d 678, 681 (1974).
discussed Cited as authority (rule) Browning v. Helff
N.C. Ct. App. · 2000 · confidence medium
And he doesn’t know who’s who in the bed.” We conclude that there was competent evidence to support the trial court’s finding that “[t]here has been a substantial change of circumstances since the entry of the Memorandum of Order in that the Defendant has resided since approximately September 19, 1997 with a person of the opposite gender to whom he is not related by blood or marriage[.]” However, the trial court failed to make any finding of fact regarding any effect the change of circumstances may have had on the welfare of the children. “[T]he modification of a custody decree m…
cited Cited as authority (rule) Regan v. Smith
N.C. Ct. App. · 1998 · confidence medium
Stat. § 50-13.7 (a) (1995); Pulliam, 348 N.C. at 618-19 , 501 S.E.2d at 899 (quoting Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E.2d 678, 681 (1974)); but see Clark v. Clark, 23 N.C.
cited Cited as authority (rule) Hill v. Newman
N.C. Ct. App. · 1998 · confidence medium
Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E.2d 678, 681 (1974); see also Newsome v. Newsome, 42 N.C.
discussed Cited as authority (rule) Pulliam v. Smith (2×)
N.C. · 1998 · confidence medium
As to the ultimate disposition of this case, there is evidence in the record from which the trial court could find and ultimately conclude that it was in the best interest of the children to change custody. “[T]he trial judge’s findings of fact in custody Orders are binding on the appellate courts if supported by competent evidence." Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E.2d 678, 681 (1974).
discussed Cited as authority (rule) Price v. Howard (2×)
N.C. Ct. App. · 1996 · confidence medium
The record, however, discloses ample evidence to support the trial court's findings and, accordingly, they are binding on appeal, Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E.2d 678, 681 (1974).
discussed Cited as authority (rule) Flanders v. Gabriel (2×)
N.C. Ct. App. · 1993 · confidence medium
Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E.2d 678, 681 (1974).
discussed Cited as authority (rule) Morrow v. Morrow
N.C. Ct. App. · 1991 · confidence medium
N.C. 358, 362, 204 S.E.2d 678, 681 (1974) (trial court “acquires jurisdiction over the custody of the unemancipated children of the marriage” when a divorce action is brought and it continues until children are emancipated).
discussed Cited as authority (rule) Witherow v. Witherow (2×)
N.C. Ct. App. · 1990 · confidence medium
Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E.2d 678, 681 (1974).
discussed Cited as authority (rule) Correll v. Allen (2×) also: Cited "see, e.g."
N.C. Ct. App. · 1989 · confidence medium
“Changed circumstances” means a “substantial change of circumstances affecting the welfare of the child . . . .” Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E. 2d 678, 681 (1974) (citation omitted).
discussed Cited as authority (rule) White v. White
N.C. Ct. App. · 1988 · confidence medium
The “trial judge’s findings of fact in custody Orders are binding on the appellate courts if supported by competent evidence.” Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E. 2d 678, 681 (1974) (emphasis supplied and citations omitted).
discussed Cited as authority (rule) Hedrick v. Hedrick
N.C. Ct. App. · 1988 · confidence medium
This argument is without merit. “[T]he modification of a custody decree must be supported by findings of fact based on competent evidence that there has been a substantial change of circumstances affecting the welfare of the *160 child, and the party moving for such modification assumes the burden of showing such change of circumstances.” Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E. 2d 678, 681 (1974).
cited Cited as authority (rule) Matter of Jones
N.C. Ct. App. · 1983 · confidence medium
Tucker v. Tucker, 288 N.C. 81, 87 , 216 S.E. 2d 1, 5 (1975); Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E. 2d 678, 681 (1974).
discussed Cited as authority (rule) Harris v. Harris (2×)
N.C. Ct. App. · 1982 · confidence medium
Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E.2d 678, 681 (1974).
discussed Cited as authority (rule) Hassell v. Means (2×)
N.C. Ct. App. · 1979 · confidence medium
In Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E. 2d 678, 681 (1974), our Supreme Court held as follows: “The entry of an Order in a custody matter does not finally determine the rights of parties as to the custody, care and control of a child, and when a substantial change of condition affecting the child’s welfare is properly established, the Court may modify prior custody decrees.
discussed Cited as authority (rule) Clark v. Clark
N.C. · 1978 · confidence medium
It is clear that “the modification of a custody decree must be supported by findings of fact based on competent evidence that there has been a substantial change of circumstances affecting the welfare of the child, and the party moving for such modification assumes the burden of showing such change of circumstances.” Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E. 2d 678, 681 (1974).
discussed Cited as authority (rule) Dean v. Dean
N.C. Ct. App. · 1977 · confidence medium
However, as stated in Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E. 2d 678, 681 (1974): “The welfare of the child is the paramount consideration which must guide the Court in exercising this discretion. *484 Thus, the trial judge’s concern is to place the child in an environment which will best promote the full development of his physical, mental, moral and spiritual faculties. . .
discussed Cited "see" Padilla v. Whitley de Padilla (2×)
N.C. Ct. App. · 2020 · signal: see · confidence high
See Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E.2d 678, 681 (1974).
discussed Cited "see" Padilla v. Whitley de Padilla (2×)
N.C. Ct. App. · 2020 · signal: see · confidence high
See Blackley v. Blackley, 285 N.C. 358, 362 , 204 S.E.2d 678, 681 (1974).
discussed Cited "see" Kanellos v. Kanellos (2×)
N.C. Ct. App. · 2016 · signal: see · confidence high
See Blackley v. Blackley , 285 N.C. 358 , 362, 204 S.E.2d 678 , 681 (1974) (noting that the district court "judge's concern is to place the child in an environment which will best promote the full development of his physical, mental, moral and spiritual faculties") (citations omitted).
discussed Cited "see" LaFell v. LaFell (2×)
N.C. Ct. App. · 2005 · signal: see · confidence high
See Pulliam v. Smith, 348 N.C. 616 , 618-19, 501 S.E.2d 898 , 899 (1998) ("`The modification of a custody decree must be supported by findings of fact based on competent evidence that there has been a substantial change of circumstances affecting the welfare of the child.'") (quoting Blackley v. Blackley, 285 N.C. 358 , 362, 204 S.E.2d 678 , 681 (1974)).
discussed Cited "see" Daniels v. Hatcher (2×)
N.C. Ct. App. · 1980 · signal: accord · confidence high
G.S. § 50-13.7(a); accord, Blackley v. Blackley, 285 N.C. 358 , 204 S.E. 2d 678 (1974); Ebron v. Ebron, 40 N.C.
discussed Cited "see, e.g." Matter of Kowalzek (2×)
N.C. Ct. App. · 1978 · signal: see, e.g. · confidence low
See e.g., Blackley v. Blackley, 285 N.C. 358 , 204 S.E. 2d 678 (1974); Goodson v. Goodson, 32 N.C.
Retrieving the full opinion text from the archive…
Phyllis Montague Blackley (Now Phyllis Daniel)
v.
Robert Harry Blackley
50.
Supreme Court of North Carolina.
May 15, 1974.
204 S.E.2d 678
1974 N.C. LEXIS 977
Watkins, Edmunds on & Wilkinson by Sam B. Currin, III for defendant appellant. , Vann & Vcmn by Arthur Vann and Arthur Vann, III for plaintiff appellee.
Branch.
Cited by 85 opinions  |  Published
1 passages pin-cited by 1 case
Pinpoint authority: bottom 69%
Citer courts: Court of Appeals of North Caro… (2)
BRANCH, Justice.

The question presented by this appeal is whether there was sufficient evidence of change of circumstances affecting the welfare of Robert Harry Blackley, Jr., to justify modification of prior Orders placing him in the custody of his mother.

[*362] The court in which a divorce action is brought acquires jurisdiction over the custody of the unemancipated children of the marriage, and such jurisdiction continues even after the divorce becomes final. Stanback v. Stanback, 266 N.C. 72, 145 S.E. 2d 332; Cox v. Cox, 246 N.C. 528, 98 S.E. 2d 879; Griffin v. Griffin, 237 N.C. 404, 75 S.E. 2d 133. The trial judge, who has the opportunity to see and hear the parties and the witnesses, is vested with broad discretion in cases involving custody of children. Swicegood v. Swicegood, 270 N.C. 278, 154 S.E. 2d 324; Hinkle v. Hinkle, 266 N.C. 189, 146 S.E. 2d 73; Griffin v. Griffin, supra. The welfare of the child is the paramount consideration which must guide the Court in exercising this discretion. Thus, the trial judge’s concern is to place the child in an environment which will best promote the full development of his physical, mental, moral and spiritual faculties. Stanback v. Stanback, supra; Thomas v. Thomas, 259 N.C. 461, 130 S.E. 2d 871; Griffith v. Griffith, 240 N.C. 271, 81 S.E. 2d 918; Tyner v. Tyner, 206 N.C. 776, 175 S.E. 144.

The entry of an Order in a custody matter does not finally determine the rights of parties as to the custody, care and control of a child, and when a substantial change of condition affecting the child’s welfare is properly established, the Court may modify prior custody decrees. G.S. 50-13.7; Teague v. Teague, 272 N.C. 134, 157 S.E. 2d 649; In re Herring, 268 N.C. 434, 150 S.E. 2d 775; Stanback v. Stanback, supra; Thomas v. Thomas, supra; In re Means, 176 N.C. 307, 97 S.E. 39. However, the modification of a custody decree must be supported by findings of fact based on competent evidence that there has been a substantial change of circumstances affecting the welfare of the child, and the party moving for such modification assumes the burden of showing such change of circumstances. Shepherd v. Shepherd, 273 N.C. 71, 159 S.E. 2d 357; Crosby v. Crosby, 272 N.C. 235, 158 S.E. 2d 77; and Williams v. Williams, 261 N.C. 48, 134 S.E. 2d 227. These rules of law must be applied in conjunction with the well-established principle that the trial judge’s findings of fact in custody Orders are binding on the appellate courts if supported by competent evidence. Teague v. Teague, supra; Thomas v. Thomas, supra; see also, G.S. 1A-1, Rule 52(c).

In instant case, the modification of the prior decree of custody was primarily based on the finding that the child Robert Harry Blackley, Jr. “ ... is old enough to understand[*363] the impropriety of Mr. Daniel’s antenuptial sojourns in the home of plaintiff respondent and to resent the same; that the knowledge and recognition of these improprieties and the chastisement by his stepfather adversly affect him and will continue to do so ” (Emphasis ours.)

We think that there was sufficient evidence to support a finding that the child Robert Harry Blackley, Jr. was old enough to recognize the impropriety of the premarital nighttime visits by plaintiff’s present husband. However, under the circumstances of this case, we do not think that such conduct, standing alone, is sufficient to support a modification of the custody decree. It is only one circumstance to be considered by the trial court. This record otherwise clearly reveals that plaintiff was a mother who was intensely interested in her children’s education, spiritual growth and physical welfare. Her success is reflected in the testimony of her pastor, her neighbors, her children’s teachers, and the testimony of the defendant himself that he always found the children to be “neat, clean, mannerly, polite and courteous.” The ultimate expression of her fitness to retain custody of her children is reflected in her son’s testimony that, “I know that my Mother loves me and my sister.”

We find nothing in this record which supports the very critical finding of resentment on the part of Robert toward his mother and stepfather or, “that the knowledge and recognition of these improprieties and the chastisement by his stepfather adversely affect him (Robert Harry Blackley, Jr.) and will continue to do so.”

It is true that Robert, testifying for defendant, confirmed the premarital nighttime visits by his stepfather. However, he further testified that he had been camping and fishing with Don and that, “We had a good time. Don makes model airplanes with me and we have a good time doing that.”

In regard to the chastisement by his stepfather, Robert testified, “Don has spanked me for different things. It was only a few times .... On occasion Don has popped me on my bottom and every now and then he would pop my little sister. Every now and then people make mistakes and they get popped on the bottom .... Don has never mistreated me and my Mother has never mistreated me.”

We think that Robert’s testimony discloses a comradeship and respect for his stepfather often not enjoyed by natural par[*364] ents. This record pictures two well-adjusted children who have been well cared for by a loving mother who is deeply interested in their total welfare.

The Court of Appeals correctly held that the evidence is insufficient to show change of circumstances affecting the welfare of the child so as to justify a modification of the prior Order awarding custody to the mother.

The decision of the Court of Appeals vacating the Order of 5 June 1972, is

Affirmed.