In re the Marriage of Bozarth

SMITH, Judge.

In this dissolution of marriage proceeding, Nathan Bozarth (father) appeals the trial court’s order denying his motion to modify custody of the minor child of the parties. Father argues that the trial court improperly excluded relevant testimony from the present husband of Pamela Bozarth (mother), based on the husband-wife privilege, § 13-90-107(1)(a), C.R.S. (1986 Cum.Supp.). Father also argues that certain hearsay evidence should have been admitted based on the state of mind exception to the hearsay rule, and that the trial court improperly allowed into evidence documents…