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BIVENS v. COTTLE (WESTLAKE)

No. COA95-72.

462 S.E.2d 829 (1995)

Jackie L. BIVENS, Mary E. Bivens and Ellis M. Cottle, Plaintiffs/Appellants, v. Deborah Lynn COTTLE (WESTLAKE), Defendant/Appellee.

Court of Appeals of North Carolina.

October 17, 1995.

Attorney(s) appearing for the Case

Gailor & Associates, P.L.L.C. by Carole S. Gailor, Raleigh; Ingram & Ingram by Carolyn B. Ingram, Kenansville; and Wells & Blossom by William C. Blossom, Wallace, for plaintiffs-appellants Bivens.

Shipman & Lea by J. Albert Clyburn and James W. Lea, III, Wilmington, for defendant/appellee.

WYNN, Judge.

Plaintiff Ellis M. Cottle and defendant Deborah Lynn Cottle (now Westlake) married in 1979 and divorced in 1990. Two children were born of the marriage, Angel Marie now 13 and Mary Beth now 11. In a custody order dated 7 April 1992, Judge Leonard W. Thaggard awarded custody to the children's maternal grandparents, Jackie and Mary Bivens, although he found as a fact that the children's natural mother Deborah Westlake was a fit and proper person to have...

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