Downey v. Downey

PREWITT, Chief Judge.

Robert W. Downey appeals from a denial of his motion to modify child custody. The marriage of appellant and respondent was dissolved on February 18, 1981. Respondent received custody of the two children born to the marriage, a male then two years old and a female then nine months old.

On April 20, 1983 respondent attempted suicide. Appellant had the children with him at the time and thereafter took actual principal custody of the children. He filed a motion to modify on May 20, 1983, seeking an order granting him custody of the children. The children resided with appellant…