Matter of Marriage of Heinel

Mother appeals the denial of her motion to modify the custody provisions of a dissolution decree that provided for the parties to have joint custody of their four-year-old son and for the child to “reside primarily” with father. Mother seeks sole custody.

The decree of dissolution was entered October 6, 1978. The parties’ initial custody arrangement was quite flexible and not the subject of disagreement. Generally, the boy spent Tuesdays and Thursdays with mother and Mondays and Wednesdays with father, with no fixed schedule for the weekends. However, on the whole, he spent most of his time at…