Matter of Marriage of Birge

Father appeals an order modifying a decree of dissolution by changing custody of the parties’ minor child from father to mother. Father asserts that mother has failed to establish a change of circumstances justifying a change in custody.

The child, a girl, was four years old at the time of the most recent hearing on the motion for change of custody. In April, 1974, a decree of dissolution was granted the parties and custody of the child was granted to the mother. In July, 1974, mother voluntarily gave physical custody of the child to the father. In January, 1976, mother, by motion, sought to…