Small v. Small

This is a child custody case.

Delane Small and James Small were divorced on May 5, 1977. Custody of the parties' two minor sons was awarded to the mother. Further the mother was awarded exclusive use and possession of the marital home until such time as she should remarry. Upon her remarriage the home was to be sold and the proceeds were to be divided by the parties. The father was ordered to make the monthly mortgage payments.

In 1978 the father filed a petition to modify the custody provisions of the divorce decree. He asked that custody of the children be awarded to him because the mother…