Waller v. Waller

Rita Waller appeals from a Circuit Court of Ohio County final judgment which modified a divorce decree and awarded custody of James Clinton Waller, an infant child, to the appellee, Harvey W. Waller, the former spouse of the appellant.

The appellant and the appellee were divorced in March 1975, and custody of their infant child was awarded to the appellant. Following the divorce both parties remarried. In August 1979, the appellee filed a petition seeking to modify the final divorce decree by awarding him permanent custody of the infant child, and after a hearing on September 11, 1979, the…