In the Matter of Marriage of Woffinden

Gary Woffinden appeals from the trial court's refusal to grant him custody of his three children after a modification hearing. There is substantial evidence to support the finding he sexually molested his adopted daughter during the time she was 6 to 12 years old. There is no evidence to support the finding this prior misconduct presently endangers any of the children. We reverse and remand with instructions the father be given custody of the three children.

In 1971, Mr. Woffinden married Mrs. Woffinden and adopted her two children, Dorene, born in 1965, and Michael, born in 1969. David was…