In re the Marriage of Stevens

In this custody proceeding, mother appeals the denial of her motion to transfer custody of the parties’ two children from father to her. We reverse and remand.

When the marriage was dissolved in 1987, father was awarded custody of the children, and mother was ordered to pay child support. Mother did not appeal. In 1988, father sought a modification of support. His motion was granted, and the trial court entered an order increasing mother’s monthly child support obligation. She did not appeal.

At the same time, mother sought a change in custody. When the parties agreed to seek counseling on the…