Haraschak v. Haraschak

HOFFMAN, Judge:

This is an appeal from an order transferring custody of two small children from their father to their mother. The reasons for granting the transfer stated by the lower court contain several errors of analysis and a crucial finding of fact based upon the presumed occurrence of an uncertain future event. Because the record does not indicate that a transfer of custody would be in the best interests of the children, we reverse the order of the court below and remand for the entry of an order maintaining custody with the father and establishing visitation rights with the mother.

The…