In re the Marriage of Brooks

Father appeals from an order denying his motion to modify the custody provisions of a dissolution decree. On de novo review, we find that there was a substantial change in circumstances sufficient to warrant modification and that modification would be in the best interests of the child.

The original decree, entered in January, 1982, awarded the parties joint custody of their only child, who was two years old at the time. The decree provided that “care and control” of the child should be with mother during the school year and with father during the summer months and that each party was entitled…