Arbogast v. Lake

The appellant in this proceeding, Patricia L. Lake, petitioned the Circuit Court of Webster County to modify a prior child custody order and to award her the exclusive custody of her five-year-old son. The circuit court denied that petition. In the present proceeding the appellant claims that that denial was based on the child’s stated preference to remain with his father, and she also asserts that the child was incompetent to state such preference. She claims that, in view of the child’s incompetence to state a preference, the circuit court erred in relying on the statement of preference in…