The “General Assembly’s choice to leave ‘joint legal custody’ undefined implies a legislative intent to allow a trial court ‘substantial latitude in fashioning a ‘joint legal custody arrangement.’” Diehl v. Diehl, 177 N.C. App. 642, 647, 630 S.E.2d 25, 28 (2006).
G.S. 50-13.2(a) requires that “[a]n order for custody of a minor child entered pursuant to this section shall award the custody of such child to such person, agency, organization or institution as will best promote the interest and welfare of the child.” N.C. Gen. Stat. § 50-13.2(a) (2019). “This provision codified the rule declared many times by the North Carolina Supreme Court that in custody cases the welfare of the child is the polar star by which the court’s decision must be governed.” Green v. Green, 54 N.C. App. 571, 572, 284 S.E.2d 171, 173 (1981).
“Evidence of a parent’s ability or inability to cooperate with the other parent to promote their child’s welfare is relevant in a custody determination and material to determining the best interests of the child.” Cunningham v. Cunningham, 171 N.C. App. 550, 559, 615 S.E.2d 675, 682 (2005).
MODIFYING A CUSTODY ORDER
Pursuant to N.C. Gen. Stat. § 50-13.7(a), “an order of a court of this State for custody of a minor child may be modified or vacated at any time, upon motion in the cause and a showing of changed circumstances by either party or anyone interested.” N.C. Gen. Stat. § 50-13.7(a) (2019).
The party moving for modification of a custody decree bears the burden of showing that there has been a substantial change of circumstances affecting the welfare of the child. Pulliam v. Smith, 348 N.C. 616, 619, 501 S.E.2d 898, 899 (1998) (citing Blackley v. Blackley, 285 N.C. 358, 362, 204 S.E.2d 678, 681 (1974)). “The party seeking to have the custody order vacated has the burden of showing that circumstances have changed between the time of the order and the time of the hearing on h[er]motion.” Hensley v. Hensley, 21 N.C. App. 306, 307, 204 S.E.2d 228, 229 (1974) (citing Crosby v. Crosby, 272 N.C. 235, 237, 158 S.E.2d 77,79 (1967)).
APPEALING A CUSTODY ORDER
“In a child custody case, the trial court’s findings of fact are conclusive on appeal if supported by substantial evidence, even if there is sufficient evidence to support contrary findings.” Peters v. Pennington, 210 N.C. App. 1, 12–13, 707 S.E.2d 724, 733 (2011).
“Absent an abuse of discretion, the trial court’s decision in matters of child custody should not be upset on appeal.” Everette v. Collins, 176 N.C. App. 168, 171, 625 S.E.2d 796, 798 (2006).
“An abuse of discretion results only where a decision is manifestly unsupported by reason or so arbitrary that it could not have been the result of a reasoned decision.” Clark v. Sanger Clinic, 175 N.C.App. 76, 84, 623 S.E.2d 293, 299 (2005)(internal marks and citation omitted).