Wells v. Wells

Plaintiff appeals a May 23, 1986, modification order that awarded custody of her two minor daughters to defendant, their father. This order modified an original order granting custody to plaintiff as part of a divorce decree dated November 28, 1978. We reverse and remand for a rehearing.

Under the provisions of the original decree, defendant was given the right to visit his daughters “on weekends of his choice consistent with the health of the children.” Defendant exercised his visitation rights only sporadically until his remarriage in 1983. When defendant sought to invoke the full extent of…