Durham v. Durham

INGRAM, Presiding Judge.

The parties were divorced in 1984, and custody of the minor child was awarded to the mother. In November 1988, the father petitioned the trial court for a change of custody. He also filed a “petition for ascertainment,” contending that he was entitled to a reimbursement of certain monies he erroneously paid to the mother. After an ore tenus proceeding, the trial court denied both the father’s “petition for ascertainment” and the petition to modify.

On appeal, the father contends that the trial court erred in not awarding him custody of the child.

At the outset, we would…