Wilson v. Wilson

In Wilson v. Wilson, 269 N.C. 676, 153 S.E.2d 349 (1967), the plaintiff-father filed a civil custody action against the defendant-mother seeking custody of their four children. After a two-day hearing, the trial court determined that neither party was qualified, fit, and suitable to have custody of the children. The court thereupon placed the children in the custody of the Child Welfare Division of the Mecklenburg County Department of Public Welfare. On appeal, the Supreme Court affirmed the trial court's order, noting that, "while it is true that a parent, if a fit and suitable person, is entitled to the custody of his child, it is equally true that where fitness and suitability are absent he loses this right." Id. at 677, 153 S.E.2d at 351. "Where there are unusual circumstances and the best interest of the child justifies such action, a court may refuse to award custody to either the mother or father and instead award the custody of the child to grandparents or others." Id. at 677-78, 153 S.E.2d at 351.