In Re the Marriage of Carrico

HARRIS, Justice.

This appeal, arising from a dissolution of marriage decree, involves the custody of the couple’s three-year-old son. We affirm in part, reverse in part, and remand.

Joel and Kathleen Carrico were married in 1975 and set up their home in a house owned by Kathleen’s parents, Royal and Dora Paxton. The child, Joey, was born February 1, 1976. The couple immediately faced domestic strife when Kathleen discovered that she had become pregnant before the marriage. Joel believed he was not the child’s father. An entry in Kathleen’s diary recites that she was “proud and very happy Joey…