In re the Marriage of Starin

The father appeals the denial of his motion for a change of custody of the parties’ minor child. The trial court rested its decision on two grounds: (1) insufficient evidence of a substantial change of circumstances, and (2) that the best interests of the child would be served by the mother retaining legal and physical custody. Although there was a change of conditions, we agree that the child’s best interests dictate continued custody by the mother.

Here as in many child custody cases determination of which parent is preferable as the custodial parent turns on factual issues where observation…