Petersen v. Petersen

Murphy, District Judge.

This is an appeal from an order modifying the custody provision of a divorce decree. Two issues are presented for consideration. First, whether the trial court erred in ordering a change in custody in the absence of any finding that appellant’s conduct had a detrimental effect on the child. Second, that it erred in finding a sufficient change in circumstances which would warrant the modification.

As to the first, the rule enunciated by the Supreme Court is clearly settled: That in determining the question of who should have the care and custody of minor children the…