Wester v. Wester

This is a child custody modification case.

The mother, Sabrina Wester Gove, petitioned the trial court to modify the parties' 1983 divorce decree, which awarded custody of the parties' seven-year-old child, Jessica, to the father, Daniel Brett Wester. The father counterclaimed, seeking child support.

Following an ore tenus hearing, the trial court granted the mother's petition and transferred custody of Jessica to the mother. The father appeals. We reverse and remand.

When the trial court is presented evidence ore tenus, its determination is presumed correct and will not be disturbed on appeal…