Cherry v. Cherry

STERNBERG, Justice.

Cynthia and Timothy were married on August 15,1970. Their first child Todd was bom September 13, 1972, and their second and final child Ryan was born on December 30, 1974. The parties separated on March 26,1979, and on the same date Cynthia filed a dissolution of marriage action in the Fay-ette Circuit Court. On January 8, 1980, Timothy filed an affidavit in support of a written motion for temporary custody of the two children. The trial court, in the absence of Cynthia and her counsel, granted Timothy’s motion. On January 17, 1980, Cynthia sought to have the temporary…