William H. Y. v. Myrna L. Y.

MOORE, Justice:

In this appeal from an order of the Superior Court of the State of Delaware, affirming the Family Court’s denial of a father’s petition for custody of his 12 year old son, we confront the efficacy of a post-1971 Superior Court order incorporating custody provisions of a separation agreement into a divorce decree. Relying on 13 Del.C. § 729(b), pertaining to modification of child custody decrees, both the Superior and Family Courts held that the father failed to show that the child’s current environment endangered his physical health or had significantly impaired his emotional…