Larkin v. Larkin

This is an appeal by petitioner-appellant, Diane Larkin, from the denial of her petition for a change of custody in which she contends that the trial court erred as a matter of law and abused its discretion by not ruling in her favor.

Finding no error of law or abuse of discretion, we affirm the ruling of the trial court.

The evidence shows that the parties separated in the spring of 1972. Since Diane was ill and required surgery the parties agreed to leave the child with a babysitter.

The divorce decree of October 13, 1972, granted custody to the father in accordance with the parties’ agreement…