Vincent v. Vincent

YELVERTON, Judge.

Cleveland Paul Vincent appeals from the dismissal of his rule seeking custody of his two and a half year old child, Cody Allen Vincent.

Cleveland and Delores Vincent were married in 1978. In July of 1981 the trial court awarded a judgment of separation on the ground of mutual fault and granted the wife uncontested permanent custody of Cody. In February of 1982 the father filed a rule to change custody. That rule, the subject of the present appeal, was tried and dismissed on March 3, 1982.

The basic facts are not in dispute. At the time of the hearing Mrs. Vincent was engaged in…