Seeley v. Jaramillo

OPINION

DONNELLY, Judge.

The father, Mike R. Jaramillo, appeals from an order of the trial court transferring the physical custody of a minor daughter from himself to the child’s mother, Lora Jean Seeley. Two issues are raised on appeal: (1) whether there was substantial evidence to support the trial court’s finding of a material change of circumstances warranting a change of custody; and (2) whether the trial court erred in modifying child custody by applying the “tender years doctrine” and a preference based upon gender. We reverse and remand.

The parties were divorced in March 1983. The final…