Nicholas v. Nicholas

This is a child custody modification case.

The parties were divorced in July 1976. One child, Melissa Renee Nicholas, was born to these parties. At the time of the divorce the mother voluntarily relinquished custody of the child to the father. In May 1984 the mother asked the trial court to modify the divorce decree by placing custody of Renee with her. The court granted this request and the father appeals.

When a trial court hears evidence ore tenus in a child custody modification case, as it did here, the appellate court clothes that judgment with a presumption of correctness and will not…