Miller v. Murphy

RUSSELL, Judge.

This is a child custody modification case.

The parents were divorced in 1980, and custody of the two minor children was awarded to the father by agreement of both parties. The mother sought a modification of custody, and following ore tenus proceedings, the trial court denied her petition.

The mother appeals. We affirm.

It is well settled that a trial judge who hears evidence presented ore tenus is in the best position to ascertain whether there has been a change in circumstances requiring a modification of custody, and he will not be reversed absent a showing that such a change…