Smith v. Smith

This is a child custody modification proceeding. The parties were divorced on June 16, 1982. The court's decree awarded custody of the parties' minor child, Ryan, to the father. Shortly after the divorce the mother married Dr. Mangiere, whom she had known during her previous marriage. On July 3, 1983 the mother had a child, Sean, by her second husband. On July 10, 1983 the mother brought a petition to modify the trial court's prior decree, seeking custody of Ryan. After hearing the evidence ore tenus, the trial court denied the mother's petition, retaining custody of Ryan in the father. The…