Zaerr v. Zaerr

McCORMICK, Justice.

This appeal requires us to decide which of the parties shall have custody of their two daughters, Vicky, age nine, and Tracy, age six. When the parents were divorced September 10, 1969, plaintiff Donna L. Zaerr received their custody. The decree was modified August 10, 1973, to shift their custody to defendant Jack B. Zaerr. Donna has appealed from the modification order. We affirm the trial court.

The first and governing consideration is the best interests of the children. In a modification proceeding, the noncustodial parent seeking custody must prove an ability to…