Gutierrez v. Tilghman

SCHOTT, Judge.

This appeal is from a judgment denying the father's motion for a change of custody of two children. The issue is whether the trial judge abused his discretion in refusing to change the custody despite evidence of -the mother’s misconduct in carrying on an affair with an individual with a criminal record for possession of narcotics.

The father obtained a judgment of separation against his wife for abandonment on May 29, 1980, and the custody of the two children was awarded to the mother. On April 21, 1981, the father filed a motion to change the custody of the children, two boys…