Haberman v. Bivens

Undercofler, Presiding Justice.

This is a proceeding to change the custody of a minor child from its mother to its nonresident father or alternatively for specific visitation periods instead of the reasonable periods authorized by the divorce decree.

The evidence shows that the child is now five years of age, that the mother remarried about four months prior to the hearing and that she and the family plan to move to Virginia. The natural father testified that the mother told him that, "seeing me would mess the child up because he’s got a new father now and it would affect him. And that was — it…