In re Marriage of Eckert

I respectfully dissent. In a case concerning custody of children of tender years, the trial judge sees how mother, father and child testify as well as what they say; even when they are not testifying, parents and child demonstrate to the judge how they act, react, and interact. It is no surprise then, that this court defers when it can to the individual judge responsible for each case: “The trial judge was able to observe the parties and hear their testimony, and to talk with the children. It has been generally held that this observation is a vital factor in the determination, and that the…