Cummings v. Cummings

This is an appeal by Cynthia J. Cummings from a divorce decree entered by the Circuit Court of Kanawha County on January 9, 1992. That decree awarded the appellant’s former husband, Stephen W. Cummings, custody of the couple’s three infant children. In the present proceeding, the appellant claims that the court erred in making that custody award. After reviewing the record and the assertions of the parties, this Court agrees with the appellant. Accordingly, the judgment of the circuit court is reversed.

In October, 1989, Stephen W. Cummings filed a divorce complaint against the appellant. He…