Stutz v. Funderburk

Lewis, Chief Justice:

This appeal involves a dispute over the custody of the six year old child of the parties. We take the events leading to the present appeal from the Statement in the Transcript.

Appellant, Kazuko K. Stutz, and respondent, Jerry Earl Funderburk, were married in 1972, having one child, Jason, born of this union. Subsequently, on July 23, 1976, appellant was granted a divorce from respondent on the grounds of physical cruelty. Prior to the divorce decree, appellant and respondent consented to an interlocutory order under the terms of which their son, Jason, was to be under the…