Scherm v. Scherm

Tom Glaze, Judge.

This appeal arises from a post-decretal divorce action wherein the appellant/father filed an action seeking custody of the parties’ minor children, twin sons, ages four, and another son, age seven. Appellant contends the trial court erred in finding the evidence was not sufficient to warrant a change of custody. We agree and therefore reverse.

First, we recognize the oft-stated rule that this Court will not reverse the chancellor unless it is shown that the lower court decision is clearly contrary to a preponderance of the evidence. Particularly where the credibility of…