In Re Smith

Appellant, Daniel Fisher, appeals from the judgment of the Miami County Juvenile Court vacating its previous judgment “setting custody” of Joseph N. Smith, a minor child, with the appellee, Susanne R. (Smith) Zimmerman, and the making of additional orders regarding support, visitation, medical expenses, and tax exemption status. Appellant asserts three assignments of error which will be discussed after a discussion of the facts which led to this appeal.

Appellee was formerly married to Gary Smith, Jr. Four children were born of the marriage. The Smiths were divorced in January 1979. Subsequent…