Rogers v. Rogers

KENNEDY, Judge.

This is a dissolution proceeding wherein the trial court awarded legal custody of three-year-old Timothy A. Rogers, Jr., the only child of the parties, to the Division of Family Services of Clay County, with physical custody in Diane Boyles, wife’s mother, with whom wife also resided at time of trial. Neither the Division of Family Services nor Diane Boyles is a party to the action. Husband appeals and he alone files a brief.

Husband says the trial court did not make the required finding as predicate to the award of custody of the child to a third person as required by section…