Box v. Talley

Opinion

BAKER, J.

Appellant, James Payne Box (father), appeals from the February 1, 1985, judgment of the Smyth County Circuit Court (trial court) which denied his petition requesting exclusive custody of his ten year old daughter (daughter). The trial court’s final order ruled, in effect, that father must continue to share daughter’s custody with appellee, Katherine Box Talley (mother), his former wife and the natural mother of daughter.

The shared custody arrangement dates from an October, 1978, divorce decree of the trial court which fully dissolved the parties’ marriage. The decree, in part,…