Kimmey v. Kimmey

SPAETH, Judge:

This is an appeal by a father from an order denying his petition for custody of two minor children, Heather, age four, and Brian, age two and one-half, and granting custody to their mother.

Paul and Terri Kimmey, the parties herein, were married in May, 1973. Mr. Kimmey left the marital home in August 1977, but returned in November of that year. The parties continued to live together until August 3, 1978, when Mrs. Kimmey, after a violent argument with her husband, took the children and left home. Mr. Kimmey filed a petition for custody, and a hearing was held on September 18,…