Hassell v. Means

ERWIN, Judge.

The defendant contends that:

“The court committed error, in concluding, as a matter of law, that custody of the children was not determined by the Separation Agreement of June 20, 1975, between the parties, because the Separation Agreement, the Judgment of Divorce, and the conduct by and between the parties over a period exceeding six years confirms that custody was in fact vested in the defendant-appellant.”

We agree with defendant.

That portion of the separation agreement relating to custody of the minor children of the parties is not artfully drafted; however, we hold that the…