Culbreth v. Culbreth

Hill, Justice.

William Earsy Culbreth, Jr., brought an action against his former wife to change custody of their child from her to him. After the close of the father’s evidence, the court granted the mother’s motion to dismiss the complaint and the father appeals.

The parties were divorced January 3, 1975. The separation agreement which was incorporated into the divorce decree provided that custody of their two-year-old child would be in the mother. On October 15, 1975, the father filed a petition to change custody alleging substantial changes in conditions.

Beginning on November 6, 1975, and…