Green v. Loveday

Ness, Justice.

This appeal is from an order denying a change of custody from the father to the mother. We affirm.

The parties were formerly husband and wife. One child, Heather, was born of the marriage who is now three years old. The parties were divorced on December 2, 1976, by default judgment obtained against the husband, and custody of the child was awarded to the mother.

A few days after the divorce was final, respondent husband went to appellant’s home and found a man named Danny Green under the bed. The parties’ child was also present.

A hearing was held to determine whether the above…