McElveen v. McElveen

Gregory, Justice:

This appeal is taken from a family court order transferring custody of the parties’ two-year son from appellant (mother) to respondent (father). We reverse.

*98Appellant was awarded custody of the child by the decree of divorce dated April 5, 1978. On June 28, 1978, less than three months later, respondent filed a petition seeking to transfer custody to him on the basis of changed circumstances. By order dated January 24, 1979, the trial judge found: (1) appellant failed to supervise the child adequately, based on his several falls and head injuries; (2) from the date of the…