Erhardt v. Erhardt

This is an appeal from a judgment of the district court, Gallatin County, granting a change of custody of two minor boys from the mother to the father following the father’s petition for modification of the custody provisions of the divorce decree.

The determinative issue is whether sufficient evidence was presented at the hearing on the father’s petition to show a material change in circumstances warranting modification of the divorce decree. We hold there was not.

The father Emil W. Erhardt and mother JoAnne S. Erhardt were divorced April 14, 1975. They agreed at that time that JoAnne would…