Simmons v. Simmons

The opinion of the court was delivered by

Schroeder, C.J.:

This is an appeal by Kathleen V. Simmons (defendant-appellant), from the trial court’s order changing custody of the parties’ two minor children to James J. Simmons (plaintiff-appellee). The appellant contends the appellee failed to sustain the burden of proving a change in custody was necessary for the best interests of the children, and the trial court abused the exercise of its sound judicial discretion in ordering the change of custody.

On April 9, 1975, Kathleen v. Simmons (hereafter Vici) was granted a divorce from her husband…