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Greer v. Greer

624 S.E.2d 423 (2006)

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Greer v. Greer

North Carolina Court of Appeals

624 S.E.2d 423 (2006)

Facts

In January 2002, Jo Ann Grady Greer (plaintiff) and Edward Allen Greer (defendant) had one daughter. By August 2002, the Greers had separated. Jo Ann filed for custody of the daughter. Edward filed a counterclaim for custody. In 2004, the district court held a hearing on the matter of custody. The district court found that Jo Ann had multiple mental health issues; had difficulty controlling her emotions; and had been violent toward her older son, her first husband, and Edward. Based on these findings, the district court concluded that Jo Ann’s mental health may adversely affect her ability to parent the daughter. The district court found that Edward’s maturity level was questionable but that he was relatively well-adjusted, fully employed, and had a family support system that could help him care for the daughter. Following the hearing, the district court held that Jo Ann and Edward were both fit for custody and that the daughter’s best interests would be served by awarding joint custody. The district court judge stated in his opinion that (1) the court took judicial notice of the fact that a natural bond occurs between a mother and child and (2) because the child was only 28 months old and female, placing her with Edward rather than her mother would disadvantage her development. Edward appealed.

Rule of Law

Issue

Holding and Reasoning (Geer, J.)

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