Darden v. Darden

Unquestionably, the court had jurisdiction to enter a temporary order of custody of the child pending a hearing. G.S. 50-13.5(c)(2). Brandon v. Brandon, 10 N.C. App. 457, 179 S.E.2d 177 (1971). Nor would the fact that the motion and notice did not contain a request for custody hearing, avail plaintiff, because it is obvious from the order entered and the evidence at the trial on the merits that he was present, represented by counsel and presented evidence pertaining to custody. Nevertheless, the court did not enter an order awarding custody. The order merely denied defendant's motion for custody (although custody was not included in the motion). No judicial award of custody had been made prior thereto and none was made until the order entered on 8 June 1973. It is our opinion that the matter of custody was properly before Judge Gay.