Actually, the trial court found just the opposite as to defendant's motion and was silent as to plaintiff's motion." 229 N.C. App. 494, 504, 748 S.E.2d 594, 601–02 (2013). Nor did the Davis findings of fact make the reason for the modification "self-evident" but rather noted the issue for concern arose from an "isolated incident."
Additionally, the trial court noted a Domestic Violence Protection Order was entered in Johnston County due to threats Defendant made against Plaintiff in the presence of the minor child. Although this Court has cautioned that "[t]he trial court has the discretion to require a party to submit to a mental health evaluation . . . only if there is a legal basis for this requirement[,]" Davis v. Davis, 229 N.C.App. 494, 502, 748 S.E.2d 594, 601 (2013), the Findings in this case provide such a basis. Thus, the trial court did not abuse its discretion in ordering Defendant to submit to a psychological evaluation to increase his visitation with the minor child.
Finally, such findings are required in order for the appellate court to determine whether the trial court gave due regard to the factors expressly listed in N.C. Gen.Stat. § 50–13.7.Davis v. Davis, ––– N.C.App. ––––, ––––, 748 S.E.2d 594, 599 (2013) (citations and quotation marks omitted). It would appear from the lack of findings of fact and conclusions of law as to the two biological children that the trial court did not find defendant's requests to be supported by the facts, the law, or perhaps both, but still the trial court needs to make findings of fact so that it is clear that defendant's motion to modify custody was addressed in full.
“[B]efore a trial court may modify an existing custody order the trial court must determine that a substantial change of circumstances has occurred and that the change has affected the children's welfare.” Davis v. Davis, ––– N.C.App. ––––, ––––, 748 S.E.2d 594, 600 (2013). In such a modification proceeding, “the moving party has the burden of proving a ‘nexus' between the changed circumstances and the welfare of the child in order for the trial court to determine that a child [custody] order may be modified.”