Randel v. McClanahan

I respectfully dissent.

The majority opinion fails to adequately address the issues presented by the evidence in this case and glosses over the real tragedy involved. By affirming the decision of the lower court, the majority opinion gives tacit approval to a judgment about the respective lifestyles of the appellant and the respondent, a judgment which mirrors the idealistic view of what a family is and ignores the reality. The change of custody made in the instant case also ignores the maxim that custody should not be used as a reward or punishment, but must be based upon the best interests…