Coffman v. Rankin

Dissenting Opinion by

Justice CUNNINGHAM.

Resisting the urge to go along with my much admired brothers and sisters, I respectfully dissent.

I agree with the majority on the jurisdictional issue, but would affirm the Court of Appeals on the merits.1

Having been there and done that in dealing with difficult custody cases at the trial level, I extend deep respect and deference to the trial court in this case.

However, as diligent as the trial court appears to have been, I believe there was an abuse of discretion in finding there was substantial evidence to justify a change of *771custody in this case.…