Cook v. Cook

Sanders, Chief Judge:

In this child custody action brought by the father, Steven R. Cook, the Family Court ordered custody of the parties’ minor child changed from the mother, Lynne L. Cook. The mother appeals. We remand for a trial de novo.

The mother and father separated in 1978 and the mother took custody of their minor child. Subsequently, by a formal agreement, the parties determined that the mother should have custody. In 1979, a separate maintenance order of the Family Court incorporated that agreement. Later that year the parties were divorced by decree which also adopted the separation…