Hagler v. Hagler

HOLMES, Judge.

This is an appeal from a decree denying appellant-husband’s petition to modify a prior decree of divorce.

The original decree of divorce awarded custody of the three minor children to the appellee-wife. The appellant thereafter filed a petition to modify the divorce decree to award custody of the parties’ three minor children to appellant. He alleged in substance that the appellee was unfit and that the best interest of the children would be served by them being in his custody. He specifically alleged that the appellee was living openly with a man not her husband.

An order was…