Heller v. Heller

Dissenting Opinion

Cooper, J.

I cannot agree with the result reached in the majority opinion for the following reasons:

I cannot agree with the statement in the majority opinion as to how jurisdiction relating to custody of children is acquired and continued after a final decree of divorce is granted.

In a review of the divorce statutes, I find that §8-1219, Burns’ 1946 Repl., Part 2, does not provide for a modification. The only statute providing for a modification is found in §3-1232, Burns’ 1946 Repl., Part 2, which relates to children wherein a trial court decrees a temporary separation. The…