In re the Marriage of Williams

Green, J.:

I dissent for the following reasons.

The question presented is to what extent did the Kansas Legislature grant to the trial court the authority to divide the residency of Dalton and Ashley. K.S.A. 2003 Supp. 60-1610(a)(5)(B) sets up a legal condition precedent that exceptional circumstances must exist before the trial court may divide the residency of siblings. As a result, the issue is whether the evidence established that this was “an exceptional case.” Both the trial court and the majority answered yes. I disagree and would reverse the trial court’s judgment dividing the custody…