Brewer v. Brewer , 139 N.C. App. 222 ( 2000 )

Judge Lewis

dissenting in part.

I respectfully dissent from that portion of the majority’s opinion concluding the trial judge made insufficient findings of fact with respect to the effect of the changed circumstances on the children’s welfare. There is no question that any change of circumstances must actually or potentially affect the welfare of the child before a court may consider modifying custody. Pulliam v. Smith, 348 N.C. 616, 619, 501 S.E.2d 898, 899 (1998). I agree with the majority that the trial judge should make findings as to any such effects, but I believe the court’s findings with respect to Mrs. Alducin’s drastically-reformed lifestyle were sufficiently detailed and specific to show it properly considered such effects.

Here, the trial court’s findings with respect to Mrs. Alducin’s reformation can be summarized as follows: (1) at the time of the original custody order, Mrs. Alducin was unmarried and living alone, whereas she is now remarried and living in a more stable, two-parent household; (2) Mrs. Alducin used to have “a poor record” with respect to the custodial care of her children, but has now completed parenting classes; (3) her child Cainaan presently has no health or medical insurance coverage, but Mrs. Alducin would now be able to provide him with such coverage; and (4) Mrs. Alducin used to smoke marijuana, but has not done so since the original order. Although the trial court did not explicitly find that any of these changes would have an effect on the children’s welfare, the clear import of the above findings is that Mrs. Alducin’s reformed lifestyle would indeed affect their welfare — emotionally, medically, and financially.

Though we in the appellate courts should ensure that trial judges follow the applicable law and make sufficient findings to demonstrate that they did so, our role of judicial oversight should not be so rigid as to bog down trial dockets with remanded cases simply because their orders failed to make explicit findings that are clearly implied within their other findings. Essentially, the majority has remanded this case to the trial court so that one sentence can be added to the trial judge’s findings, namely that Mrs. Alducin’s reformed lifestyle will affect the children’s welfare emotionally, medically, and financially. In light of the findings the trial judge did make, and the clear import of those findings, I believe the learned district court judge has done enough to make his extensive work clear to all parties. I say his work is done.