Gunter v. Gunter

Opinion by

Spaeth, J.,

This is an appeal from an order changing the custody of a seven year old boy, whose name is David, from his mother to his father. The order must be set aside and the record remanded with a procedendo. There are two reasons for this conclusion. First, the hearing judge relied on David’s statement that he would prefer to be with his father; this statement, however, was not transcribed. Second, the testimony presented to the judge was most incomplete; nor does the judge’s opinion assist us in appraising it. Because of these deficiencies we cannot in good conscience say…