Newsome v. Newsome

VAUGHN, Judge.

Much of the argument in the briefs is directed to whether there was evidence of a substantial change of circumstances so as to warrant a modification of the earlier “decree of custody.” Neither the separation agreement nor the divorce decree was made a part of the record on appeal. We are advised only that “the divorce decree incorporated the separation agreement by reference.” There is no indication, however, that the question of custody was litigated and decided by the judge after hearing evidence tending to show the circumstances as they then existed relating to the best…